JAGAT MOHAN TEWARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhattacharjee, learned Senior Counsel for the petitioner and Mrs. A. Begum, learned Addl. Public Prosecutor, Assam.

(2.) This is an application under Section 482 read with Sections 401/398, Cr.P.C. for quashing of the proceeding in GR Case No. 4992/99 and for setting aside the order dated 15.6.2001 passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati in the above case.

(3.) The facts leading to the present revision in brief are: Smt. Prabha Shulka, the informant lodged a complaint before the Director General of Police, Assam alleging murder of her daughter Mrs. Meenakshi Tewari by the petitioners/accused persons for alleged non-fulfilment of the demand for dowry. On the basis of the above complaint, CID P. S. Case No. 26/99 under Sections 304(B)/498(A), 1PC read with Section 3/4 of the Dowry Prohibition Act was registered and enquired into by the police. Thereafter, police submitted a report in final form under Section 173, Cr.P.C. whereby charge-sheet was submitted against the accused-petitioner No. 2 Smt. Radha Tewari under Sections 3/4 of the Dowry Prohibition Act. Police, however, did not find any evidence against the other two accused petitioners namely, Jagat Mohan Tewari and Ajay Shankar Tewari and, hence, they were not sent for trial. The police report was placed before the learned Chief Judicial Magistrate, Kamrup, Guwahati but the learned Chief Judicial Magistrate refused to accept the police report and vide impugned order dated 15.6.2001 provided as follows: In the light of above discussion, 1 am of the opinion that after going through case diary where I found sufficient materials against all accused persons to which I.O. also formed an opinion up to the completion of investigation present accused as well as other accused shown as not sent, cannot be discharged. Materials in record also sufficient to put all accused for trial under Section 304(B) IPC. Accordingly, prayer for discharge of accused persons rejected and charge-sheet is accepted as a whole against all accused persons under Section 498(A)/304(B), I.P.C. read with Sections 3/4 of the Dowry Prohibition Act. Case is transferred to the Court of Shri V.K. Chandak, Special Judicial Magistrate, Assam. Guwahati for disposal.