VIKRAM MAIHOTRA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The charge for commission of the offences under Sections 306, 498-A R.P.C. has been framed against the accused petitioner by the learned 1st Additional Sessions Judge, Jammu by his order dated 1/8/2002.

(2.) Aggrieved by the framing of the charge, the petitioner/accused has filed this petition seeking quashing of the challan by exercising jurisdiction under section 561-A Cr.P.C or in the alternative for setting aside the order dated 1/8/2002 of the Trial court by invoking revisional jurisdiction of this Court.

(3.) Shorn of details the necessary facts are being stated. The deceased Ashu was the wife of the petitioner, who committed suicide on 24/7/1998 in the evening in the bedroom of the house of the accused. She was married to the accused on 31/1/1998 as per Hindu rites. It is the case of the prosecution that in marriage sufficient dowry and gold ornaments weighing approximately 50 Tola along with household items etc. were given and on account of furniture, F.Ds carrying value of Rs. 1.50 lacs were given to the accused by the family of the deceased. It is also the case of the prosecution that in the month of April 1998, few days before Baisakhi deceased along with accused went to her parental house and told her mother that it is too hot and the petitioner says about air-conditioner on which an A.C. was sent to her house as a Baisakhi gift. It is also the case of the prosecution that when-ever deceased came to her parental house, she used to tell her mother that accused drinks heavily and on her objecting the same he manhandled and threatened her. Once when her mother noticed an injury on the hand of the deceased, on enquiry she disclosed that accused had beaten her.