RAM ASHRAYA Vs. STATE

JUDGEMENT

(1.) :- 1. Heard Sri R.B.S. Rathaur, learned counsel for the petitioners and Sri Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State as well as perused the documents available on record. Sri Saurabh Srivastava, Advocate learned counsel for the opposite party no. 2 before final disposal of the case appeared before the court and filed written argument, which was taken on record.

(2.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the accused-petitioners for quashing the order dated 9.11.2010 passed by the learned Chief Judicial Magistrate, Lucknow in Criminal Case No. 3015 of 2010 (State VS. Anup Kumar and Others), under Sections 498-A, 304-B IPC and ¾ Dowry Prohibition Act, P.S. Gomti Nagar, District Lucknow whereby he has rejected the application moved by the petitioners for staying the proceeding of above criminal case pending before him. The only legal question involved in the present petition for consideration before this Court is "whether the proceeding of impugned Criminal Case No. 3015 of 2010 (State Vs. Anup Kumar and Others) pending before the Chief Judicial Magistrate, Lucknow is liable to be stayed on the ground that the matter is still under investigation which is being conducted by the CBCID?"

(3.) THE opposite party no. 2-Sri Rajesh Chandra Chowdhary, S/o Late Munna Lal, R/o A-64, Avas Evam Vikas Colony, Police Station Shahpur, District Gorakhpur lodged a written report on 03.2.2010 at P.S. Gomti Nagar, Lucknow with the allegation that his younger sister-Smt. Sudha was married to Anup Kumar on 07.5.2009. Both of them were living in House No. 1/101, Virat Khand, P.S. Gomti Nagar, Lucknow with Ram Ashraya and Smt. Madhuri who were brother-in-law and sister of Anup Kumar. He had spent on dowry and other presents at the time of marriage of his younger sister within his financial limits but the husband of his sister as well as his other family members were not satisfied with the dowry, therefore, they used to harass and torture her. At about 12:00 in the night of 02/03.2.2010 he received a telephone call from Lucknow. He was called from Gorakhpur to Lucknow immediately consequently he on 03.2.2010 reached at the house No. 1/101, Virat Khand, Gomti Nagar, Lucknow where his sister was found lying dead on a bed kept in a room of her brother-in-law (Nandoi) and sister-in-law (Nanad). He found a piece of dupatta lying in the side of dead body. It appeared to him that his sister had been done to death by her husband, her bother-in-law (Nandoi) and her sister-in-law (Nanad).