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Judgment
Satyendra Singh Chauhan, J.—Heard learned Counsel for the Petitioners and learned AGA.
Notice on behalf of opposite party No. 1 has been accepted by the learned AGA.
Issue notice to opposite party No. 2.
List after service of notice.
Submission of learned Counsel for the Petitioners is that the present matter arises out of the criminal proceedings instituted by the Petitioners'' sister against the husband and other family members. Criminal trial proceeded and an FIR under Sections 498-A, 504 & 506 IPC along with Section 3/4 Dowry Prohibition Act was registered against the husband and the family members.
Charge sheet was also submitted under the aforesaid sections and thereafter cognizance was taken by the court and summons were issued. The husband party taking advantage of the allegations made in the report in regard to demand of dowry have proceeded to file a complaint and on that basis, the complaint has been entertained and notices have been issued.
Section 498-A IPC itself speaks of cruelty as well as include dowry in the criminal offence. If any criminal offence is constituted on the basis of the allegations in the FIR and trial has not ended and is still proceeding, then whether the Magistrate was justified in issuing notice and entertaining the complaint during pendency of the criminal case. Outcome of the criminal proceedings is still not known and it is also not known as to which side the judgment will go. If an offence is constituted in accordance with law as defined in the Statute, then whether a counter offence can be constituted on that basis is the matter which requires consideration by this Court.
Registrar of this Court is directed to send a copy of this order to the learned District Judge, Lucknow, who will call for an explanation from the concerned Magistrate i.e. Judicial Magistrate-III, Lucknow, namely, Anubhav Dwivedi as informed by the learned Counsel for the Petitioners and submit report to this Court by the next date.
The aforesaid entertainment of the complaint is a clear abuse of the process of the court and the Magistrate should have been careful in proceeding mechanically and without application of mind.
List on 8th August 2011.
Till the next date of listing, further proceedings of Case No. 2590/10, Smt. Vimla Singh v. Smt. Archana Singh and Ors., pending in the court of Judicial Magistrate-III, Lucknow shall remain stayed.