RAJU Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) BY way of this petition moved under Section 482 Cr.P.C., the prayer has been made to quash the chargesheet dated 09.04.2003 as well as proceedings of criminal case No. 895 of 2003 titled as State Vs. Raju and another under Section 306 IPC pending in the court of Chief Judicial Magistrate, Dehradun.

(2.) HAVING heard learned counsel for the parties, it appears that deceased Dolly married with Raju (accused) on 25.03.1996. Within one and half year of her espousing, she breathed her last in the matrimonial house itself on dated 16.09.1997. The cognizance was taken by police itself on initiation of SHO A.S. Rawat, Police Station Raipur, Dehradun and First Information Report was lodged by SHO on 17.09.1997 under Section 306 IPC. The investigation was made resulting into submission of chargesheet No. 5 of 1998 on dated 30.01.1998 for the offence under Section 306 IPC. The Magistrate committed the case to court of Sessions bearing Sessions Trial No. 187 of 1998.

(3.) IN compliance of court's direction, the matter was further investigated by CB -CID and the chargesheet was again submitted on 09.04.2003 against accused persons for the same offence under Section 306 IPC. Upon submission of this chargesheet, cognizance was taken by Magistrate on 01.05.2003 but before the case could be committed to the court of Sessions, submission of this second chargesheet and order of cognizance were challenged by way of this petition and this Court was pleased to stay further proceedings in the matter and directed AGA to call Investigating Officer, who submitted the impugned chargesheet on dated 09.04.2003. Learned Single Judge of this Court in this order dated 25.09.2007 has asked the explanation of Investigating Officer, as to how chargesheet could be submitted when once accused persons have been acquitted in the same crime number. Counter affidavit of Investigating Officer Vinod Chauhan, Inspector CBCID, Dehradun was filed in the matter.