MAHESH CHAUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this Criminal Revision under Section 397 read with Section 401 of Cr.P.C. against the order dated 8.4.2011 passed by Additional Judge to the Court of VIth Additional Sessions Judge (Fast Track Court), Bhind in Sessions Trial No. 38/2007 whereby the charges for commission of offences punishable under Sections 302, in alternative 304-B, 201 of IPC and Section 3/4 of Dowry Prohibition Act have been framed against the applicant.

(2.) Brief facts of the case are that the marriage of deceased Ranjana was solemnized with the son of the applicant on 27.11.2004. Deceased died on 18.10.2005. by hanging in her matrimonial house. On this information, merg No. 41/2015 under Section 174 of Cr.P.C was registered. During the inquiry of merg, it was found that the applicant and his family members were persistently making demand of dowry and they were ill treating her which led her to commit suicide. After due inquiry, police registered an FIR bearing Crime No. 245/2005 at Police Station Mehgaon, District Bhind against the applicant and his family members for the offences punishable under Sections 304-B, 201 of IPC and Section 3/4 of Dowry Prohibition, Act. After completion of investigation, the charge-sheet was filed before the Additional Chief Judicial Magistrate, Mehgaon, who committed the case to the Sessions Court for trial.

(3.) In order to initiate the trial, the Additional Judge to the Court of Vith Additional Sessions Judge (FTC) Bhind, on the material brought on record proceeded to frame the charge against the present applicant. Accordingly, charges under Sections 302 or in alternative Sections 304-B and 201 of IPC and Section 3/4 of Dowry Prohibition Act have been framed. Learned counsel for the applicant confines his challenge in the present revision only to the charge framed under Section 302 of IPC and he prays that the charge framed under Section 302 of IPC is liable to be quashed.