The respondent, in the companyplaint filed before the Court on October 18, 1995, alleged that she was beaten up by her husband, mother in law and sisters in law as her parents failed to satisfy the demand of dowry and ultimately she was pushed out of the house on October 13,1988.
The companyplaint was filed against the appellants under Sections 498 A, 406 IPC read with Section 6 of the Dowry Prohibition Act before Additional Chief Judicial Magistrate, Jodhpur, under Section 190 1 Cr.
Revision No.316/96 dated March 17, 1998 setting aside the order of discharge passed in favour of the appellants by the Additional Chief Judicial Magistrate, Jodhpur on April 23, 1996.
The police investigated the companyplaint under Section 156 3 Cr.
On that report the learned Magistrate took companynizance of offence under Sections 498 A as well as 406 IPC and issued summons to the appellants.
The case was posted on April 23, 1996 for framing charges.
That plea of the appellants found favour from the learned Magistrate who discharged the appellants by his order dated April 23, 1996.
Appellant No.1 married the respondent in accordance with the Hindu rites on May 20, 1986.
The respondent challenged the validity of that order of the learned Magistrate before the High Court of Rajasthan in B.Cr.
P.C., who ordered investigation by police.
On that day it was submitted on behalf of the accused that the companyplaint was barred by limitation and that referring the case for investigation to the police itself was bad, therefore, numbercharges companyld be framed against the accused.
They were blessed with a girl on January 2, 1988.
It is that order of the High Court which is the subject matter of this appeal.
SHAH MOHAMMED QUADRI,J Leave is granted.
In Vanka Radhamanohari Smt.
The facts giving rise to this appeal may briefly be numbered here.
P.C. and submitted charge sheet final report under Section 498 A IPC on December 22, 1995.
