DHARMENDRA AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition under Sec. 401 Cr.P.C., is directed against the order dtd. 27/10/2018 passed by the Judicial Magistrate First Class, Indore District Indore in Mis. Cr. Case No.1509/2018 arising out of crime No.372/2017 registered at Police Station Simrol, District Indore for the offence punishable under Sec. 498-A, 304-B/34 IPC read with Sec. 3/4 of the Dowry Prohibition Act, pending in the Court of 1st Additional Sessions Judge, Indore in sessions trial No.36/2018 (State of M.P, Vs. Dharmendra and others) rejecting the application filed under Sec. 227 Cr.P.C., for discharge of the applicants from the said offence.

(2.) Facts relevant and necessary for disposal of this revision petition are summarized below:

(3.) Learned counsel for the applicants submits that in the wake of the aforequoted dying declarations of the deceased if read and appreciated in right perspective, the same shall lead to irresistible conclusion, that the FIR in question lodged at a distance of more than five months since the date of death of the deceased by the father of the deceased, is a false complaint with cooked up allegations having no foundation. In fact, the complainant was informed immediately after the incident, he and his family members had arrived at the hospital and in their presence police recorded the statement of the deceased. However, none of them lodged FIR or expressed any doubts against the applicants before the police.