9911796707
TMI Blog2007 (2) TMI 725X X X X Extracts X X X X X X X X Extracts X X X X ..... udge went on to observe that the complaint of the complainant dated 9th November, 2001 and supplementary statement of the complainant to some extent raise much doubt to the entire prosecution story. She also observed that the complaint in substance made allegations only against her husband for having re-married during subsistence of first marriage with the complainant. The complainant in her supplementary statement, made after the registration of FIR stated that her husband had deposited part of the istridhan before CAW Cell and the remaining istridhan was still lying with her husband. Even her next supplementary statement reiterates the same that her remaining istridhan was still lying with her husband. The learned Additional Sessions Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc. Nagender Singh, however, changed his name to Naveen and married the woman called Manjusha Rani with whom he was having an affair and he started spending less time in the house where the complainant was living. When the complainant learnt about the second marriage of her husband she left the house where she was living with Nagender Singh, in September, 2001 and went to her parents' house. In November, 2001 the complainant, her father and father of the boy, jointly made an application to Police Station, Punjabi Bagh giving the facts about the marriage of the complainant and withdrawal of divorce petition, then separate living of the complainant with Nagender Singh and his second marriage with Manjusha. All the three made joint reque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been challenged by this petition. 3. The basic reason for upholding the order of MM by ASJ was that the documents relied upon by the petitioner were not the part of the charge- sheet filed by police. The documents relied upon by the petitioners are those documents which were on the case dowry of the investigating officer, but the investigating officer did not make them part of the challan. These documents included the earlier complaint made by the complainant, her father and father- in-law to the police, supplementary statements of the complainant recorded after filing of FIR regarding return of istridhan. 4. It is settled law that fair and just investigation is a hallmark of any investigation. It is not the duty of the Investigating Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atements of complainant under Section 161, Cr.P.C. recorded by the I.O. The complaint and the statements clearly show that the couple had separated from parents of Nagender Singh in October, 2000, after the divorce petition and at that time they had gone to a rented accommodation along with bag and baggage. Even if, in October, 1999 some entrustment was made by the complainant to the petitioner, that came to an end in October, 2000 when she separated from her in- laws and took away all her belongings. She made no complaint after October, 2000 till September, 2001 that her mother-in-law or father-in-law had any part of her istridhan with her. All her complaints were against her husband, who had remarried and made her life miserable. Her fath ..... X X X X Extracts X X X X X X X X Extracts X X X X
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