Labh Kaur vs Ajaib Singh

G.S. Chahal, J.

Smt. Labh Kaur, who was a complainant has come to this Court in revision against the order dated 17.9.91, passed by Sh. Mehar Singh, Additional Sessions Judge [III], Sangrur vide which the order of the Judicial Magistrate I Glass, Sunam dated 12190 summoning the respondent as an accused to stand trial for an offence under section 406 IPC was set aside.

The complainant revision petitioner brought a complaint against her husbands and his parents for offences under Secs. 406/420/498/34 IPC. After examining the preliminary evidence, the learned Magistrate ordered the summoning of Ajaib Singh and his father Banta Singh is to face trial for an offence under section 406, IPC.

The allegation with respect to the offence under sec. 406, IPC is contained in paragraph 9 of the complaint, according to which, she, along with panchayat had called upon the accused persons to return her dowry articles but they refused. Another Panchayat was also arranged on 101185 making a further demand for return of the dowry articles, constituting Istridhan, but the same, too was refused. The learned Additional Sessions Judge held that the offence having taken place more than 3 years prior to the presentation of the complaint, the same was barred by the rule of limitation.

The question of offence under section 406 IPC, being a continuing offence came up for consideration before a Division Bench of this Court in Balram Singh v. Sukhwant Kaur, 1991(3) Recent Criminal Reports 404 Crl. Misc. No. 7923M of 1989 decided on 9/1/91 wherein the Court held that the offence under Section 406, IPC was continuing offence. In view of this authority no point of time can be considered, as to from which date the limitation would run. Every refusal to return the dowry articles, regarding which trust has been created, would give a cause of action. This revision succeeds on this short ground. Accepting the revision, I set aside the impugned order of the learned Addl. Sessions Judge and restore that of the learned Magistrate. The learned Magistrate shall restore the file to its original number and proceed to dispose of the same according to law.