9911796707
TMI Blog2007 (12) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... that there was some matrimonial discord between the complainant and her husband, appellant No. 3, which resulted in filing of a complaint by the complainant on 17.5.1994 in the Crime against Women (CAW for short) Cell, Delhi, inter alia, alleging that she was harassed by her husband and in-laws. However, the matter was compromised on 26.6.1994 and as agreed, on 3.7.1994, the complainant joined her husband at Bijnore (U.P.), where he was posted. However, she returned back to her parental home in Delhi in mid-August 1994, as she was expecting a child. 4. On 8.11.1994, she lodged another complaint in CAW Cell. The said complaint was the foundation for registration of F.I.R. No. 155 of 1995, alleging commission of offences by the appellants under Sections 498A, 406/34 of the Indian Penal Code ('I.P.C.', for short). For the sake of ready reference, the same is extracted below: "I, Neetu, d/o R.P. Dixit W/o Ashutosh Misra wish to inform you that as per compromise in the Cell on 22.6.1994 with my husband I went to Bijnore on 3.7.1994 on the suggestion of my husband I came to Delhi along with my parents on 12.8.1994 for delivery. I gave birth to a son on 4.9.1994. My husband came to ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused and further case under Section 498A was also not made out against the father-in-law and sister-in-law, being appellants No. 1 and 2. Accordingly, he discharged all the appellants for offences under Section 406 I.P.C. and appellants No. 1 and 2 for offences under Section 498A I.P.C. 7. Against the said order, the State preferred Revision Petition to the Sessions Court. Vide order dated 24.1.1998, the Additional Sessions Judge came to the conclusion that a prima facie case under Sections 498A and 406 I.P.C. was made out against all the appellants. Accordingly, he directed the trial court to proceed with the case against all the appellants under Sections 498A/406/34 I.P.C. and frame the charges accordingly. 8. Being aggrieved, the appellants filed a Criminal Revision Petition before the High Court. As noted above, the said Revision Petition was dismissed. It is this order of the High Court, which is questioned in this appeal. 9. Appellant No. 1, appearing in person, argued the case on behalf of all the appellants. It was vehemently contended that the Additional Sessions Judge as well as the High Court have failed to appreciate that the first complaint dated 8.11.1994 lodged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... summons cases, which dealt with the question of framing of charge or discharge, stated thus: "if on the basis of materials on record, a court could come to the conclusion that commission of the offence is a probable consequence, a case for framing of charge exists. To put it differently, if the court were to think that the accused might have committed the offence it can frame the charge, though for conviction the conclusion is required to be that the accused has committed the offence. It is apparent that at the stage of framing of a charge, probative value of the materials on record cannot be gone into; the materials brought on record by the prosecution has to be accepted as true at that stage." 14. In a later decision in State of M.P. Vs. Mohanlal Soni, this Court, referring to several previous decisions held that the crystallized judicial view is that at the stage of framing charge, the court has to prima facie consider whether there is sufficient ground for proceeding against the accused. The court is not required to appreciate evidence to conclude whether the materials produced are sufficient or not for convicting the accused. 15. Having noted the broad guidelines to be ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and are required to be established in order to bring home an offence under Section 498A I.P.C. 18. In the present case, from a plain reading of the complaint filed by the complainant on 8.11.1994, extracted above, it is clear that the facts mentioned in the complaint, taken on their face value, do not make out a prima facie case against the appellants for having dishonestly misappropriated the Stridhan of the complainant, allegedly handed over to them, thereby committing criminal breach of trust punishable under Section 406 I.P.C. It is manifestly clear from the afore- extracted complaint as also the relevant portion of the charge- sheet that there is neither any allegation of entrustment of any kind of property by the complainant to the appellants nor its misappropriation by them. Furthermore, it is also noted in the charge-sheet itself that the complainant had refused to take articles back when this offer was made to her by the Investigating Officer. Therefore, in our opinion, the very pre- requisite of entrustment of the property and its misappropriation by the appellants are lacking in the instant case. We have no hesitation in holding that the learned Additional Sessions Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
