Achhey Lal vs State of U.P. and Another

Dev Kant Trivedi, J.—Heard the learned Counsel of Achhey LaL, Petitioner on this petition u/s 482 of the Code of Criminal Procedure., whereby the Petitioner has prayed for quashing of the order dated 20th June. 1998 passed by C.J.M., Sultanpur and for staying his arrest.

It appears from the Annexures filed along with the petition that an application u/s 156(3) of the Code of Criminal Procedure was made by Hari Shankar making the allegations that his daughter Hisha was victim of dowry death and she died in her sasural by burn injuries and earlier on 13th May, 1997, the demand of dowry was made which was unfulfilled.

After considering the application u/s 156(3) of the Code of Criminal Procedure and the papers filed along therewith, the learned Magistrate passed an order u/s 156(3) of the Code of Criminal Procedure for investigation of the case.

In passing the impugned order dated 20th June, 1998, the learned Chief Judicial Magistrate has committed no error whatsoever. He has not committed any irregularity or illegality as well. He simply directed the police to make the investigation. Such an order does not amount to an abuse of the process of law.

The petition is accordingly not maintainable and is dismissed. It is, however, made clear that the Petitioner will not be arrested till his complicity in the crime of the dowry is found during the investigation.