RAJENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been filed by the applicants Rajendra Kumar, Smt. Ranno Devi, Ashwani Kumar @ Ramu, Km. Savita and Vijay Kant @ Shyamu with the prayer to quash the charge-sheet dated 3.10.1997 in case crime No. 313 of 1994 under sections 498-A and 304-B IPC., P.S. Akbarpur, District Kanpur Dehat and CID case No. 1890 of 1994.

(2.) THE facts in brief of this case are that the FIR 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 8.00 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 @ Ramu on 18.6.1993, after mar riage 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 de mand of scooter is not fulfilled, his sister would not be lived at their house peace fully. 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 12/13.6.1994 she was set on fire by her husband, mother-in-law and Nanad, subsequently she suc cumbed to her injury. After investigation the I.O. 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 appli cants to save the life of the deceased. But subsequently without any proper reason the investigation was handed over to C.B. CID who doing the investigation the charge-sheet dated 3.10.1997 has been submitted.

(3.) 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 FIR and the material collected by the I.O. prima facie offence under sections 498- A and 304-B IPC is made out. There is suf ficient 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 hav ing 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 I.O. prima facie offence under sections 498-A and 304-B IPC is made out. There is no illegality in submission of the charge-sheet and taking the cognizance against the ap plicants. Therefore, the prayer for quashing the charge-sheet of case crime. No. 313 of 1994 (CID case No. 1890 of 1994) under sections 498-A and 304-B IPC, P.S. Akbarpur, District Kanpur Dehat is refused.