TMI Blog2009 (10) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... nts. However, as per the version of the respondent the married life was not smooth on account of unreasonable demand of dowry and the misbehaviour on the part of husband Rajesh and his parents, the appellants herein. Ultimately, on 24.12.1993 a complaint came to be filed before the Judicial Magistrate 1st Class, Gidderbaha. The complaint was accepted in the sense that the learned Judicial Magistrate by his order dated 25.1.1994 took the cognizance of the offences under Sections 406, 498A read with 114 IPC. This order of cognizance was challenged by the accused persons, Rajesh is reported to have expired on 6.1.2006. The High Court, however, did not agree to quash the complaint and took a view that the complaint did show the material suffici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old and other articles as dowry otherwise they would leave the complainant there and Rajesh would be married second time. In paragraph 4, the complaint is against Rajesh in the sense that the accused Rajesh asked the complainant to hand over the ornaments and clothes to his parents lest they are lost in the way. On reaching to Delhi when the ornament were asked back by the complainant, they were not returned back. When we see the complaint as a whole it is basically against the accused Rajesh. All the allegations are against Rajesh. There is undoubtedly some reference to the present appellants, but what strikes us is that there are no particulars given as to date on which the ornaments were handed over, as to the exact number of ornaments o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame house. 5. In order to lodge a proper complaint, mere mention of the sections and the language of those sections is not be all and end of the matter. What is required to be brought to the notice of the court is the particulars of the offence committed by each and every accused and the role played by each and every accused in committing of that offence. When we see the complaint, the complaint is sadly vague. It does not show as to which accused has committed what offence and what is the exact role played by these appellants in the commission of offence. There could be said something against Rajesh, as the allegations are made against him more precisely but he is no more and has already expired. Under such circumstances, it would be an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
