Dismissed

Jaswant Singh Kailashiya v. Smt. Kamla Kailashiya

Chhattisgarh HC7 Jan 2022CRMP/1046/2013

Case brief

AI extract

What is this about?

The Chhattisgarh High Court dismissed a revision petition filed under Section 378(4) Cr.P.C. challenging the High Judicial Magistrate's order acquitting the respondent in a dowry case. The Court held the petition was devoid of substance as no witnesses were examined by the complainant.

What did the court decide?

The revision petition challenging the order of acquittal is dismissed.

Jaswant Singh Kailashiya Vs Smt. Kamla Kailashiya — Dowry and Cruelty | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 1046 of 2013

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Jaswant Singh Kailashiya S/o Shri Late Shri K.L. Kailashiya Aged About 60 Years Present Address Forest Colony Kewaramunda Jagdalpur Central Bastar C.G. Current Address 424/52, Navdurga Nagar, Mathpurena Ps Tikrapara, Post Sundernagar, Civil And Rev. Distt. Raipur C.G. , Chhattisgarh

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---- Petitioner

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Versus

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Smt. Kamla Kailashiya W/o Shri J.S. Kailashiya Aged About 55 Years R/o 59 Janta Quarter Type 111 Sector-3 Devendra nagar Raipur C.G. Present Address C/o Mr. Anand Jijhotia Opposite Jain Mandir, Near Tube Well, Chiteraoli, PS Madhawganj Lusker Gwalior M.P.

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---- Respondent

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For Petitioner :- Mr. Amit Banerjee, Advocate on behalf of Mr. Manay Nath Thakur, Advocate

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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07/01/2022

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This petition has been filed under Section 378 (4) Cr.P.C., 1973, challenging the order dated 23.8.2013 passed by JMFC, Jagdalpur in Complainant Case No.299/2011, whereby the respondent has been acquitted from the offence punishable under Section 3 of the Dowry Prohibition

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Act, 1961.

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Marriage of the petitioner and respondent was solemnized in the year 1982 and the complaint under Section 200 of Cr.P.C. has been instituted on 10.10.2006 at JMFC, Jagdalpur.

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Earlier, the wife/ respondent had lodged a criminal case against the petitioner under Section 498 A I.P.C. in which petitioner was acquitted vide Criminal Appeal No.99/2000 by the Sessions Judge, Betul, therefore, the petitioner has filed a complaint on the ground that the wife had deposed in her statement that she has given dowry. It is pertinent to mention here that prior to 19.11.1986, offence under Section 3 of the Dowry Prohibition Act was punishable only up to two years and under Section 468 Cr.P.C., limitation is up to only three years, therefore, the complaint is apparently time barred.

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It is evident from the material available on record that there was no witness examined by the complainant, therefore, this petition being devoid of any substance is liable to be and is accordingly dismissed.

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SD/( Deepak Kumar Tiwari ) Judge

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Ayushi

Jaswant Singh Kailashiya v. Smt. Kamla Kailashiya

Case brief

What is this about?

What did the court decide?

Jaswant Singh Kailashiya v. Smt. Kamla Kailashiya

Case brief

What is this about?

What did the court decide?

What the court decided

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