BRIJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S.B. Criminal Revision Petition No.2573/2019: Brijendra Singh Versus State of Rajasthan and Ors. has been filed by the complainant-petitioner aggrieved by the order dtd. 6/9/2019 passed by the Additional Sessions Judge, Woman Atrocity Cases No.2, Jaipur Metropolitan, Jaipur, in so far as it relates to not taking cognizance under Sec. 302 IPC and in alternative, under Ss. 304-B, 498-A, 201 read with Sec. 120-B IPC against respondents No.2 - brother-in-law of the deceased, namely, Atul Budaniya and respondent No.3 -sister-in-law of the deceased, namely, Smt. Anita.

(2.) Aggrieved by the same order, S.B. Criminal Revision Petition No.2134/2019 has been preferred by husband of deceased, namely, Mukesh Budaniya, father-in-law of deceased, namely, Ramnath, mother-in-law of deceased, namely, Manbhari Devi and husband of sister-in-law of deceased, namely, Satya Narain, challenging the order of cognizance and the issuance of the arrest warrants.

(3.) In brief the factual matrix of the case are that FIR No.193/2017 was registered at Police Station, Mahesh Nagar, Jaipur (South) with the allegation that the complainant's daughter has been killed by her in-laws, namely, Mukesh Budaniya, Ramnath, Satya Narain and other family members for not being able to meet their demand of dowry. The complainant apprehending collusion of the Investigating Officer with the accused persons, filed S.B. Criminal Miscellaneous (Petition) No.2450/2017 wherein the High Court directed the Investigating Officer to make fair investigation. The police submitted a charge-sheet only against the husband and therefore, the complainant moved an application under Sec. 193 Cr.P.C. for taking cognizance against other accused persons. The said application was dismissed by the Court below vide order dtd. 16/5/2018, aggrieved by which, S.B. Criminal Revision No. 1067/2018 was preferred by the complainant-petitioner and S.B. Criminal Revision Petition No. 1012/2018 was preferred by the accused Mukesh Budaniya. This Court vide its judgment dtd. 25/1/2019 allowed S.B. Criminal Revision Petition No.1067/2018 and directed the trial Court to consider the entire facts and circumstances of the case and decide the application under Sec. 193 Cr.P.C. afresh and rejected the S.B. Criminal Revision Petition No.1012/2018. SLP bearing No.2699-2700/2019 was preferred by the accused(s) against this order, which was decided by the Apex Court on 29/3/2019. The Apex Court dismissed the said SLP with the clarification that in considering the facts and circumstances of the case while dealing with the application under Sec. 193 of the Cr.P.C, the learned Trial Judge shall do so objectively on the merits and shall not regard the order of the High Court as concluding the regard to proper exercise of the jurisdiction. The petitioners were also permitted to raise all appropriate contentions before the trial Court having regard to the material facts and circumstances of the case. In the light of the direction of the Apex Court, the trial Court has passed the impugned order.