As per case facts, a wife lodged a complaint against her husband and his step-mother alleging dowry demands, physical and mental cruelty, and retention of her stridhan. The couple had ...
CRL.M.C. 2115/2023 Page 1 of 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 17.08.2026
Pronounced on: 02.09.2026
Uploaded on: 02.09.2026
# CNR No. DLHC010106532023
+ CRL.M.C. 2115/2023
RAJESH KUMAR AND ANR. .....Petitioners
Through: Mr. Surjeet Singh & Mr. M.K. Singh,
Advs.
versus
STATE AND ANOTHER .....Respondents
Through: Ms. Richa Dhawan, APP.
Mr. Tarun Sharma and Mr. Tushar
Datta, Advs. for Respondent No. 2
along with the Respondent-in-person.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN
JUDGMENT
MADHU JAIN, J.
1.The present petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as the ‘CrPC’) has been preferred by
the Petitioners seeking quashing ofFIR No. 369/2017registered at Police
Station K.N. Katju Marg, for offences punishable under Sections 498A, 406
and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’)
and Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as
‘the Act’), along with the proceedings emanating therefrom.
2.The Petitioners also assail the order dated 20.05.2022 passed by the
learned Additional Sessions Judge - 04 (North), Rohini Courts, Delhi in
Criminal Revision No. 64/2022, arising out of the order on charge dated
CRL.M.C. 2115/2023 Page 2 of 17
24.11.2021 passed by the learned Metropolitan Magistrate, Mahila Court - 01,
North District, Rohini Courts, Delhi.
FACTUAL BACKGROUND:
3.Petitioner No. 1, Rajesh Kumar, is the husband of Respondent No.
2/complainant, whereas Petitioner No. 2, Rani, is the step-mother of Petitioner
No. 1 and the mother-in-law of Respondent No. 2. The marriage between
Petitioner No. 1 and Respondent No. 2 was solemnised on 20.02.2002. A
daughter, namely Unnati, was born from the wedlock on 06.07.2004.
4.After about one year of marriage, Petitioner No. 1 and Respondent No.
2 shifted from the residence of Petitioner No. 2 to rented accommodation.
This circumstance is also recorded in para 9 of the complaint, wherein
Respondent No. 2 stated that Petitioner No. 2 had asked the couple to leave
the matrimonial house. According to the Petitioners, Petitioner No. 2
thereafter never resumed residence with them. The complaint, however,
further alleges that after shifting to rented accommodation, Petitioner No. 1
compelled Respondent No. 2 to obtain money from her parents towards the
security deposit and household articles, pursuant to which a sum of
Rs.2,00,000/- was allegedly paid to him.
5.Respondent No. 2 lodged a detailed complaint dated 03.04.2017 before
the Crime Against Women (‘CAW’) Cell. The complaint contains allegations
against Petitioner No. 1 of dowry demands and physical and mental cruelty.
It is alleged,inter alia, that shortly after marriage Petitioner No. 1 demanded
a sedan car; that Respondent No. 2 was subjected to physical cruelty when the
demand was not met; and that her family thereafter arranged approximately
Rs.6,00,000/- and paid the same to Petitioner No. 1. The complaint further
CRL.M.C. 2115/2023 Page 3 of 17
attributes to him repeated acts of physical assault, humiliation and demands
for money during the period of cohabitation.
6.Insofar as Petitioner No. 2 is concerned, para 4 of the complaint
contains a specific allegation that she had taken the jewellery articles of
Respondent No. 2 from the inception of the marriage and retained the same
with her. It is further alleged that whenever Respondent No. 2 demanded
return of the jewellery, Petitioner No. 2 scolded and abused her. The
complaint also states that a list of articles, jewellery, electronics, furniture,
clothes and other valuables given at the time of marriage was annexed
therewith.
7.Petitioner No. 1 and Respondent No. 2 continued to reside together
until 30.10.2013. According to the complaint, Petitioner No. 1 thereafter left
the matrimonial household and informed Respondent No. 2 that he did not
wish to continue residing with her. Respondent No. 2 further alleged that she
was left with only bare minimum household articles and that her stridhan,
jewellery, valuables and other articles remained with her husband and mother-
in-law and were not returned despite demands.
8.The complaint also records that, after the separation, Respondent No. 2
initially waited in the hope that Petitioner No. 1 would return and resume
cohabitation. She thereafter approached the CAW Cell with the object of
securing counselling and reconciliation. According to her, when repeated
attempts at mediation failed and Petitioner No. 1 declined to resume
cohabitation, she set out the allegations of cruelty and harassment in greater
detail and sought legal action as well as return of her dowry articles, valuables,
stridhan and gold ornaments.
9.The complaint culminated in registration ofFIR No. 369/2017on
CRL.M.C. 2115/2023 Page 4 of 17
30.08.2017 at Police Station K.N. Katju Marg. Upon completion of
investigation, a chargesheet was filed on 24.11.2017 against Petitioner Nos. 1
and 2, Vishal, the step-brother of Petitioner No. 1, and Shweta, his step-sister.
The documents accompanying the final report included,inter alia, the
complaint, the CAW Cell enquiry report, notice under Section 91 CrPC and
the response thereto, a statement regarding bills, a statement regarding
stridhan and statements recorded under Section 161 CrPC.
10.By order dated 24.11.2021, the learned MM found aprima faciecase
under Section 498A read with Section 34 IPC against all four accused persons.
Insofar as the offence under Section 406 IPC was concerned, the learned MM
specifically noticed the allegation that Petitioner No. 2 had taken the jewellery
articles of Respondent No. 2 and had refused to return the same despite
demand, and accordingly directed framing of a separate charge under Section
406 IPC against her.
11.The aforesaid order was challenged by all four accused persons in
Criminal Revision No. 64/2022.Videorder dated 20.05.2022, the learned
ASJ noticed that Respondent No. 2 had been residing separately from
Petitioner No. 2 and the other step-relatives since 2003. The allegations of
cruelty against the step-relatives were found to be general in nature and Vishal
and Shweta were accordingly discharged. The learned Revisional Court,
however, sustained the charge under Section 498A IPC against Petitioner No.
1 and the charge under Section 406 IPC against Petitioner No. 2, the latter
being founded upon the specific allegation concerning the jewellery of
Respondent No. 2.
12.Aggrieved by the continuation of the aforesaid criminal proceedings,
the Petitioners have approached this Court under Section 482 CrPC.
CRL.M.C. 2115/2023 Page 5 of 17
SUBMISSIONS ON BEHALF OF THE PETITIONERS
13.Learned counsel for the Petitioners submits that continuation of the
criminal proceedings amounts to an abuse of process. Qua Petitioner No. 2, it
is urged that she admittedly ceased residing with Petitioner No. 1 and
Respondent No. 2 in the year 2003 and never thereafter shared a household
with them. The allegation of retention of stridhan, according to learned
counsel, surfaced only in the complaint dated 03.04.2017, nearly fourteen
years later. It is further submitted that no bills or receipts pertaining to the
alleged jewellery were produced during investigation and that the material on
record does not disclose any specific entrustment, demand or refusal so as to
sustain an offence under Section 406 IPC.
14.Qua Petitioner No. 1, learned counsel submits that the parties have
admittedly been residing separately since 30.10.2013, whereas the complaint
was lodged only on 03.04.2017. It is, therefore, contended that the prosecution
under Section 498A IPC is barred by Section 468 CrPC, the offence being
punishable with imprisonment extending up to three years. According to
learned counsel, this statutory bar was overlooked by both the learned Trial
Court and the learned Revisional Court.
15.Learned counsel further relies upon para 34 of the complaint to submit
that Respondent No. 2 had initially approached the CAW Cell with the object
of reconciliation and to persuade Petitioner No. 1 to resume cohabitation. It is
urged that the detailed allegations of cruelty were made only after the
reconciliation efforts failed and Petitioner No. 1 declined to return to the
matrimonial home. The criminal proceedings are, thus, stated to be a
consequence of the failed matrimonial relationship rather than any
contemporaneous grievance.
CRL.M.C. 2115/2023 Page 6 of 17
16.It is lastly submitted that the prolonged delay in initiating criminal
proceedings materially undermines the allegations. Learned counsel
emphasises that the learned Revisional Court itself discharged the step-
brother and step-sister of Petitioner No. 1 and contends that Petitioner No. 2,
who had admittedly been residing separately since 2003, ought also to have
been discharged.
SUBMISSIONS ON BEHALF OF THE RESPONDENTS
17.Per contra, learned counsel for Respondent No. 2 submits that the
Petitioners have already availed the remedy of revision against the order on
charge and have partly succeeded therein. It is urged that the present petition,
in substance, seeks a further reappraisal of the same material under Section
482 CrPC, despite the learned Revisional Court having examined the
allegations qua each accused separately and discharged two of them. The
grounds now urged by the Petitioners, according to Respondent No. 2, raise
disputed questions which ought to be tested at trial.
18.Qua Petitioner No. 1, learned counsel submits that the complaint
contains specific allegations of dowry demand and cruelty, including a
demand for a sedan car, payment of approximately Rs. 6,00,000/- by the
family of Respondent No. 2, a further demand of approximately Rs.
2,00,000/- after the parties shifted to rented accommodation, and repeated acts
of physical and mental cruelty during the period of cohabitation. It is
contended that the truth or otherwise of these allegations cannot be
determined without evidence.
19.Qua Petitioner No. 2, learned counsel submits that the contention
regarding absence of any allegation of stridhan is contrary to the complaint.
CRL.M.C. 2115/2023 Page 7 of 17
It is pointed out that para 4 specifically alleges that Petitioner No. 2 had taken
the jewellery articles of Respondent No. 2 at the inception of marriage and
retained them despite demands for their return. It is, therefore, submitted that
the fact that Petitioner No. 2 had been residing separately since 2003 does not,
by itself, negate the allegation of prior entrustment and subsequent non-return.
20.Learned counsel further submits that the plea of limitation cannot be
determined merely by treating 30.10.2013 as the terminal date for all the
allegations in the complaint. Reliance is placed on the averments concerning
efforts at reconciliation, continued deprivation of stridhan and the alleged
demand and refusal to return the jewellery. It is urged that the relevant dates
and circumstances are matters of evidence and do not disclose an
incontrovertible legal bar warranting quashing of the proceedings at this stage.
21.Learned APP for the State also opposes the petition. He prays that the
petition be dismissed and the proceedings before the learned Trial Court be
permitted to continue in accordance with law.
FINDINGS AND ANALYSIS
22.This Court has heard learned counsel for the parties and perused the
record.
23.At the outset, the scope of interference under Section 482 CrPC needs
to be borne in mind. The Petitioners had challenged the order on charge dated
24.11.2021 by invoking the revisional jurisdiction under Section 397 CrPC
and had partly succeeded. In Rajinder Prasad v. Bashir,
MANU/SC/0574/2001, the Supreme Court, while referring toKrishnan v.
Krishnaveni,MANU/SC/0223/1997, reiterated that though the power under
Section 482 CrPC is wide, it is to be exercised “sparingly and cautiously”,
CRL.M.C. 2115/2023 Page 8 of 17
particularly where revisional jurisdiction has already been invoked.
Ordinarily, the inherent jurisdiction cannot be used to circumvent the bar
against a second revision.
24.This does not mean that the jurisdiction under Section 482 CrPC stands
completely excluded. InAmit Kapoor v. Ramesh Chander,
MANU/SC/0746/2012, the Supreme Court clarified that there is no absolute
bar on exercise of the inherent power where an extraordinary situation or
abuse of process is demonstrated. The limitation is one of judicial restraint.
At the same time, while dealing with a challenge to an order framing charge,
the Supreme Court cautioned:
“3) The High Court should not unduly interfere. No
meticulous examination of the evidence is needed for
considering whether the case would end in conviction or
not at the stage of framing of charge or quashing of charge.
xxx
13) Quashing of a charge is an exception to the rule of
continuous prosecution. Where the offence is even broadly
satisfied, the Court should be more inclined to permit
continuation of prosecution rather than its quashing at that
initial stage. The Court is not expected to marshal the
records with a view to decide admissibility and reliability
of the documents or records but is an opinion formed prima
facie.”
25.Tested on the aforesaid principles, the order dated 20.05.2022 cannot
be said to reflect a mechanical acceptance of the prosecution case against all
the accused persons. The learned Revisional Court expressly noticed that
Respondent No. 2 had been residing separately from the step-relatives since
2003. It thereafter examined the allegations qua the individual accused and
recorded that the allegations under Section 498A IPC were principally
CRL.M.C. 2115/2023 Page 9 of 17
directed against Petitioner No. 1, whereas the allegations against the other
relatives were general, save and except the allegation concerning jewellery
against Petitioner No. 2. The relevant portion of the order reads as under:
“4. Heard. Admittedly, the complainant was residing
separately from revisionists no. 2, 3 and 4 since 2003.
Perusal of statement of complainant Chanchal dated
13/04/2017 reveals that allegations of offence u/s 498A IPC
are mainly levelled against revisionist no.1 and merely
general allegations are levelled against revisionist no.2, 3
& 4 except the 'fact that step mother-in-law i.e. Rani
(revisionist-accused no.2 herein) took all jewellery articles
from her and kept the same with her and as on date, the
same are in her possession. At the most, prima facie offence
u/s 498A IPC is made out against the husband (revisionist
no.1-accused), whereas offence u/s 406 IPC is made out
against the step mother-in-law i.e. Rani (revisionist no.2-
accused). No offence is made out against revisionists
accused no. 3 & 4 and as such they are discharged.
Accordingly, the impugned order dated 24/11/2021 qua
framing charge u/s 498A IPC against revisionist no.1-
accused Rajesh Kumar and qua framing charge u/s 406
IPC against revisionist no.2-accused is upheld. The appeal
is partly allowed. The same is disposed of accordingly.”
26.Insofar as Petitioner No. 1 is concerned, the complaint cannot, at this
stage, be characterised as containing only vague or omnibus allegations.
Respondent No. 2 has attributed specific acts to him, including a demand for
a sedan car shortly after marriage, alleged physical assault in connection with
the said demand, payment of approximately Rs. 6,00,000/- by her family and
a further demand of approximately Rs.2,00,000/- after the parties shifted to
rented accommodation. The complaint also narrates several instances of
alleged physical and mental cruelty during the period when the spouses
resided together.
CRL.M.C. 2115/2023 Page 10 of 17
27.Whether these allegations are true, whether they are exaggerated, or
whether Respondent No. 2 would ultimately be able to prove them are matters
for trial. At the stage of charge, this Court cannot test the probable defence
against the prosecution version or undertake a comparative assessment of
their respective credibility. As held inAmit Kapoor (supra), where a factual
foundation for the offence exists, the Court ought not to marshal the material
as if it were deciding the trial.
28.The principal challenge qua Petitioner No. 1, however, is founded on
Section 468 CrPC. The submission is that Petitioner No. 1 admittedly started
residing separately from Respondent No. 2 on 30.10.2013, whereas the
complaint is dated 03.04.2017. Since Section 498A IPC is punishable with
imprisonment extending up to three years, it is urged that the prosecution is
barred by limitation.
29.The plea cannot be considered by reading Section 468 CrPC in
isolation. Section 473 CrPC expressly provides an exception to the bar of
limitation. The provision permits cognizance after expiry of the prescribed
period where the delay has been properly explained or where the Court
considers it necessary to do so in the interest of justice.
30.The interaction between Sections 468 and 473 CrPC, specifically in the
context of Section 498A IPC, was examined by the Supreme Court inVanka
Radhamanohari v. Vanka Venkata Reddy, MANU/SC/0510/1993. The
Supreme Court held:
“5. …In view of Section 473 a Court can take cognizance
of an offence not only when it is satisfied on the facts and in
the circumstances of the case that the delay has been
properly explained, but even in absence of proper
explanation if the Court is satisfied that it is necessary so to
do in the interests of justice. The said Section 473 has a non
CRL.M.C. 2115/2023 Page 11 of 17
obstante clause which means that said section has an
overriding effect on Section 468, if the Court is satisfied on
the facts and in the circumstances of a particular case, that
either the delay has been properly explained or that it is
necessary to do so in the interests of justice.”
31.Importantly,Vanka Radhamanohari (supra)was itself a case where
the High Court had treated the complaint under Section 498A IPC as barred
under Section 468 CrPC. The Supreme Court reversed that conclusion and
held that, having regard to the allegations of cruelty, the matter ought to
proceed notwithstanding the plea of limitation.
32.In the present case, the complaint itself contains an explanation for the
course adopted by Respondent No. 2 after the spouses separated. Para 34
records that she initially waited in the hope that Petitioner No. 1 would return
and thereafter approached the CAW Cell for counselling and reconciliation.
It further records that attempts at mediation did not succeed and that Petitioner
No. 1 declined to resume cohabitation, whereafter the allegations were set out
in detail and legal action was sought.
33.At this stage, this Court is not required to pronounce upon the
correctness or sufficiency of the explanation offered by Respondent No. 2.
However, once Section 473 CrPC and the circumstances pleaded in the
complaint are taken into account, the date 30.10.2013 cannot, by itself, be
treated as furnishing an incontrovertible legal bar warranting quashing of the
prosecution. The plea under Section 468 CrPC, therefore, does not justify
exercise of the inherent jurisdiction in favour of Petitioner No. 1.
34.It is clarified that the above conclusion does not proceed on the premise
that every offence under Section 498A IPC is necessarily a continuing
offence. The conclusion is narrower: the plea of limitation in the present case
CRL.M.C. 2115/2023 Page 12 of 17
cannot be decided solely by reference to the date of separation, without
considering Section 473 CrPC and the circumstances pleaded by the
complainant. This is precisely the caution underlying the decision inVanka
Radhamanohari (supra).
35.The challenge qua Petitioner No. 2 must be examined independently.
Her principal defence is that she had been residing separately from the couple
since the year 2003 and that the allegation relating to stridhan has surfaced
only after about fourteen years. It is also urged that no bills or receipts
concerning the jewellery were produced.
36.The submission that there is no specific allegation concerning stridhan
against Petitioner No. 2 is, however, contrary to the complaint. Para 4
specifically states:
“4. That since beginning the mother-in-law of the
complainant took all jewellery articles from complainant
and kept the same with her since inception of the marriage
and even as on date the same are in possession of mother-
in-law and whenever the complainant demanded jewellery
articles from mother-in-law she scolded the complainant
and abused her in a filthy manner.”
37.The allegation is not confined to para 4. Para 29 again states that the
stridhan, jewellery and other valuables of Respondent No. 2 were with the
husband and mother-in-law and “they are not returning the same even when
specifically asked for.” Thus, for the limited purpose of examining whether a
prima facie case exists, there is an express allegation both of entrustment and
non-return.
38.InRashmi Kumar v. Mahesh Kumar Bhada, MANU/SC/1052/1997,
the Supreme Court explained that where stridhan is entrusted to the husband
or any other member of the family, dishonest misappropriation or use thereof
CRL.M.C. 2115/2023 Page 13 of 17
may attract Section 406 IPC. On the nature of entrustment, the Court
observed:
“It is always a question of fact in each case as to how
property came to be entrusted to the husband or any other
member of the family by the wife when she left the
matrimonial home or was driven out therefrom. No
absolute or fixed rule of universal application can be laid
down in that behalf. It requires to be established by the
complainant or the prosecution, depending upon the facts
and circumstances of the case, as to how and in what
manner the entrustment of the stridhana property or
dominion over her stridhana came to be made to the
husband or any other member of the family or the accused
person, as the case may be.”
The Supreme Court further cautioned that, at the threshold, the Court is not to
sift the defence material to determine whether the allegation of entrustment
would ultimately stand proved.
39.Therefore, the fact that Petitioner No. 2 started residing separately from
the couple in the year 2003 cannot, by itself, negate the allegation under
Section 406 IPC. The case of Respondent No. 2 is that the jewellery had
already been taken by Petitioner No. 2 at the inception of the marriage. The
subsequent separate residence is certainly a circumstance which Petitioner
No. 2 may rely upon in defence, but it does not make the allegation of prior
entrustment inherently impossible.
40.The argument based upon the absence of bills also cannot result in
quashing of the charge. The complaint itself states that a list of the articles,
jewellery, electronics, furniture, clothes and other valuables given at the time
of marriage was annexed therewith. The chargesheet also records a
“Statement regarding bill” and a “Statement regarding Istridhan” amongst the
CRL.M.C. 2115/2023 Page 14 of 17
documents forming part of the final report. Whether the prosecution can
ultimately establish ownership, identity and entrustment of the particular
articles is a matter of proof. The absence of purchase bills, even if accepted at
this stage, does not obliterate the specific allegations in the complaint.
41.The submission regarding the fourteen-year gap qua Petitioner No. 2
also cannot be considered divorced from the allegation of demand and refusal.
InRashmi Kumar (supra), while dealing with limitation for an offence under
Section 406 IPC, the Supreme Court examined the pleaded demand for return
of stridhan and the refusal thereof and held the complaint before it to be within
limitation from the relevant demand and refusal.
42.In the present case, Respondent No. 2 has not pleaded that the only
demand and refusal occurred in the year 2003. On the contrary, her case is
that the jewellery continued to remain with Petitioner No. 2 and was not
returned despite demands. The precise date of entrustment, the manner in
which it was made, the demands for return and the alleged refusal are all
matters which would require evidence. They cannot be conclusively
determined merely from the fact that Petitioner No. 2 had ceased residing with
the couple in 2003.
43.This Court also does not proceed on the basis that an offence under
Section 406 IPC is invariably a continuing offence. InRashmi Kumar
(supra), after deciding the issue of limitation on the basis of demand and
refusal, the Supreme Court expressly observed that the question whether the
offence was a continuing one had lost relevance. It would, therefore, be
incorrect to treat the decision as laying down an unqualified proposition that
an offence under Section 406 IPC continues from day to day.
44.A similar approach was adopted by this Court inPraveen Mittal & Ors.
CRL.M.C. 2115/2023 Page 15 of 17
v. State (NCT of Delhi) & Ors., MANU/DE/4831/2018, where the charge
under Section 406 IPC against the parents-in-law was sustained upon
allegations that the stridhan jewellery had been taken soon after marriage and
had not been returned. The factual matrix there also involved subsequent
conciliation proceedings and recoveries and is, therefore, not identical to the
present case. The decision is relevant only to the limited principle that a
specific allegation of taking and non-return of stridhan cannot be discarded at
the stage of charge by undertaking an assessment of its ultimate evidentiary
worth.
45.The contention that Respondent No. 2 approached the criminal justice
system only after reconciliation failed also does not, at this stage, establish
mala fides. Para 34 of the complaint itself records that her initial effort was to
secure counselling and restoration of the matrimonial relationship. Whether
this explanation is credible, or whether the complaint was instituted with an
ulterior motive as alleged by the Petitioners, is a matter which can only be
tested in evidence. The Court cannot return a finding of false implication
merely because attempts at reconciliation preceded the detailed complaint.
46.The further submission regarding the independent income of
Respondent No. 2 has no material bearing upon the offences which presently
survive. Her earning capacity may be relevant in proceedings concerning
maintenance; it does not, by itself, answer the allegations of cruelty under
Section 498A IPC or entrustment and non-return of stridhan under Section
406 IPC.
47.Another circumstance which cannot be overlooked is that the learned
Revisional Court did not permit the prosecution to continue indiscriminately
against all members of the family. It accepted the plea of separate residence
CRL.M.C. 2115/2023 Page 16 of 17
while considering the general allegations against the step-brother and step-
sister and discharged them. Petitioner No. 1 was retained in the proceedings
on account of the specific allegations of cruelty attributed to him, while
Petitioner No. 2 was retained only for the offence under Section 406 IPC on
account of the specific allegation concerning jewellery. The order, therefore,
reflects a segregation of the allegations qua each accused rather than a
mechanical affirmation of the order on charge.
48.Ultimately, the grounds urged by the Petitioners would require this
Court to decide whether the allegations of cruelty are truthful; whether
jewellery was in fact entrusted to Petitioner No. 2; whether and when its return
was demanded; whether there was a refusal; whether the delay stands
satisfactorily explained; and whether the proceedings were motivated by the
failure of reconciliation. These are matters which necessarily involve
appreciation of evidence. Such an exercise cannot be undertaken while
exercising jurisdiction under Section 482 CrPC, particularly when the order
on charge has already undergone revisional scrutiny and the prosecution
evidence has commenced.
CONCLUSION
49.In view of the above, this Court finds no patent illegality or such
incontrovertible legal bar as would warrant quashing of the surviving
proceedings against Petitioner No. 1 under Section 498A IPC or against
Petitioner No. 2 under Section 406 IPC.
50.Accordingly, the present petition is dismissed. Pending application(s),
if any stands disposed of.
51.It is clarified that the observations made herein are confined to the
CRL.M.C. 2115/2023 Page 17 of 17
adjudication of the present petition under Section 482 CrPC and are only
prima faciein nature. The learned Trial Court shall decide the case on the
evidence led before it, uninfluenced by any observation made in the present
judgment.
MADHU JAIN
(JUDGE)
SEPTEMBER 02, 2026/m
Legal Notes
Add a Note....