Rajendra Kumar and Others vs State of U.P. and Others

Ravindra Singh, J.—This application has been filed by the applicants-Rajendra Kumar, Smt. Ranno Devi, Ashwani Kumar alias Ramu, Km. Savita and Vijay Kant alias Shyamu with the prayer to quash the charge-sheet dated 3.10.1997 in Case Crime No. 313 of 1994 under Sections 498A and 304B, I.P.C., P. S. Akbarpur, district Kanpur Dehat and C.I.D. Case No. 1890 of 1994.

The facts in brief of this case are that the F.I.R. of this case has been lodged by O. P. No. 4, Hari Gopal Tiwari on 3.10.1994 at 3.10 p.m. in respect of the incident which has occurred on 2.9.1994 at about 8 a.m. in which the applicants are named as accused. The allegation against them is that the deceased Asha, the sister of O. P. No. 4 was married with applicant No. 3, Ashwani Kumar alias Ramu on 18.6.1993, after marriage the demand of dowry was made for which she was subjected to cruelty. It is asked to the O. P. No. 4 that in case the demand of scooter is not fulfilled, his sister would not be lived at their house peacefully. Ultimately she was set on fire after pouring the kerosene oil, in an injured condition she was brought to the Hallot Hospital, Kanpur where she disclosed that she was pregnant. It was disclosed by the deceased that in the night of 12/13.8.1994 she was set on fire by her husband, mother-in-law and nanad, subsequently she succumbed to her injury. After investigation the Investigating Officer of the civil police submitted the final report because the allegations made against the applicants were false and frivolous which have been made for the purpose of harassment whereas all the possible efforts were made by the applicants to save the life of the deceased. But subsequently without any proper reason the investigation was handed over to C.B.C.I.D. who is doing the investigation the charge-sheet dated 3.10.1997 has been submitted.

Heard Sri Aditya Narayan, counsel for the applicants, learned A.G.A. for the State of U. P. and Sri C. B. Mishra, learned Counsel for O. P. No. 4.

It is contended by learned Counsel for the applicants that in the present case the allegation of demand of dowry and subjecting the deceased to the cruelty have been made which are absolutely false, frivolous and baseless. The deceased sustained burn injury, she was taken to the hospital by the applicants where all the efforts were made by the applicants to save the life of the deceased but unfortunately she died. The statement of the deceased was recorded by learned Magistrate concerned which was inconsistent on different points including the manner of the occurrence and date of the incident as 13.8.1994 at 10 p.m. in the night of 12/13.8.1994. The investigation was not property done. It is surprising that the name of the mother-in-law was not disclosed by the deceased. The F.I.R. is delayed by one month. The applicant No. 1 was regularly on his duty from 1.8.1994 to 13.8.1994. The deceased was always kept in peaceful atmosphere. During investigation several letters of the deceased written to the applicant No. 2 were handed over to Investigating Officer of C.B.C.I.D. showing the cordial relationship. In the present case the investigation done by the civil police who submitted the final report but the matter was transferred to C.B.C.I.D. and without any reason submitted the charge-sheet on which the learned Magistrate has taken the cognizance and summoned the applicants to face the trial. The prosecution of the applicants is based on false and frivolous allegation, the same may be quashed.

In reply of the above contention, it is submitted by learned A.G.A. and learned Counsel for O. P. No. 4 that on the basis of the F.I.R. and the material collected by the Investigating Officer prima facie offence under Sections 498A and 304B, I.P.C. is made out. There is sufficient material to proceed further against the applicants. There is no illegality in submission of the charge-sheet and taking the cognizance by the learned Magistrate concerned. The present application is having no substance, the same may be dismissed.

Considering the submissions made by learned Counsel for the applicants, learned A.G.A., learned Counsel for O. P. No. 4 and from the perusal of the record it appears that on the basis of allegation made against the applicants and material collected by the Investigating Officer prima facie offence under Sections 498A and 304B, I.P.C. is made out. There is no illegality in submission of the charge-sheet and taking the cognizance against the applicants. Therefore, the prayer for quashing the charge-sheet of Case Crime No. 313 of 1994 (C.I.D. Case No. 1890 of 1994) under Sections 498A and 304B, I.P.C. P. S. Akbarpur, district Kanpur Dehat is refused.

However, considering the facts of this case, it is directed that applicants shall appear before the Court concerned within 30 days from today, till then the N.B.W. issued against the applicants shall be kept in abeyance. In case applicants apply for bail, the same shall be heard and disposed of expeditiously by the court below in respect of the applicants No. 1, 2 and 3. So far as applicants No. 4 and 5 are concerned, considering the submission that they are minor, their bail application shall be considered and disposed of on the same day by the court below.

Interim order dated 16.12.1998 is hereby vacated.

With this direction, this application is finally disposed of.