AMIT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicants Amit Kumar, Smt. Subhadra Devi, Naveen Kumar with a prayer to quash the order dated 2.2.2009 passed by learned Chief Judicial Magistrate, Bhadohi (Gyanpur) in Criminal Case No. 462 of 2009 (earlier case No. 8 of 2008) State v. Amit Kumar and others, under Sections 498A and 304B, I.P.C. and Section 3/4 of D. P. Act arising out of Police report submitted by Officer Incharge of P. S. Durgaganj in Case Crime No. 268 of 2007, P. S. Durgaganj, District Sant Ravidas Nagar.

(2.) THE facts in brief of this case are that F.I.R. of this case has been lodged by O.P. No. 2 Sri Virendra Kumar Shukla under Sections 498A, 304B, I.P.C. and Section 3/4 of D.P. Act against the applicants alleging therein that his daughter, the deceased Anjana was married with the applicant Amit Kumar, she has been murdered by the applicants on 16.4.2007 at about 9.00 a.m. by putting her on fire only because the first informant could not provide them a Maruti car which was demanded by them as dowry. On the next day of the alleged incident the first informant given the information to the police of P. S. Durgaganj who did not take any action, thereafter the first informant moved an application under Section 156 (3), Cr. P.C., in the Court of learned C.J.M., Bhadohi who allowed the same on 22.6.2007, in pursuance of the order dated 22.6.2007 the F.I.R. of this case has been registered. After lodging the F.I.R. it was investigated by the Investigating Officer who submitted the final report dated 15.11.2007 in the Court of learned C.J.M. Bhadohi, on that final report the notice was issued to the O.P. No. 2 who filed his objection dated 8.5.2008 in the Court of learned C.J.M., Bhadohi. After considering the police report as well as the objection filed by the O.P. No. 2 the learned C.J.M., Bhadohi rejected the final report and summoned the applicants to face the trial for the offence punishable under Sections 498A and 304B, I.P.C. and Section 3/4 of D. P. Act vide order dated 2.2.2009. Being aggrieved from the order dated 2.2.2009 the applicants filed the present application.

(3.) IT is further contended by learned A.G.A., that this application may be dismissed outrightly because the applicants have filed the case diary even its photostat copies, the same may not be available to the applicants.