LADU DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the present petitioners on 27-2-2004 with the prayer that the FIR No. 103/2001 registered at Police Station Merta Road Distriet, Nagaur qua the petitioners be quashed and further, in the meanwhile, it challan has been filed against, the petitioners, the same may be quashed.

(2.) It arises in the following circumstances : On 4-12-2001 at about 9.35 a.m.. parcha bayan was given by Smt. Sabu Devi (hereinafter referred to as the deceased) d/o Ramkaran and wife of one of accused Jagdish stating inter alia that on 3-12-2001 at about 6.00 A.M. in the morning, her father -in-law Dev Karan (one of accused) and her nanad Ladu Devi (petitioner No. 1) lifted her after catching hold her hands and thereafter, accused Dev Karan caught-hold her hands and the petitioner No. 1 Ladu Devi poured kerosene oil on her body and then, put a match-stick on her body, as a result of which, she caught fire. On that parcha bayan, police registered the case for the offence under Sections 498A, 307, IPC and later on. since deceased died, therefore. Section 304-B. IPC was added. After usual investigation, police submitted challan against accused Dev Karan. who was father-in-law of deceased and accused Jagdish, who was husband of the deceased in the Court of Judicial Magistrate First Class. Merta on 2-4-2002 for committing offence under Sections 498-A and 304-B, IPC and in the said charge-sheet, it was also mentioned by the police that investigation under Section 173(8), Cr.P.C. was pending against the present petitioner Ladu Devi and Ramu Ram. On the basis of the said charge-sheet, the learned Judicial Magistrate committed the ease to the Court of Session and on 9-5-2002, the learned Sessions Judge, Merta framed charges for the offence under Sec- lions 498-A and 304-B. IPC against accused Dev Karan and Jagdish in Sessions Case No. 63/2003 (27/2002) and the same were read over and explained to them. They pleaded not guilty and claimed trial. Thereafter, trial of the case commenced. During the course of trial against accused Dev Karan mid Jagdish. when about 19 wit- nesses had already been examined, an application under Section 319. Cr.P.C. was filed by complainant Ram Karan on 17-1-2003 that cognizance be also taken against the present petitioners for the offence under Sections 302, 498A and 304B, IPC since as per dying declaration of deceased, the main accused was Smt. Ladu Devi (petitioner No, 1). The learned Special Judge, SC/ST (Prevention of Atrocities) Cases. Merta through order dated 2-9-2003 rejected the said application of complainant Ram Karan tiled under Section 319, Cr.P.C. and revision petition filed against the said order dated 2-9-2003 by the complainant Ram Karan before this Court being S.B. Cr. Revision Petition No. 918/2003 was also dismissed by this Court through order dated 24-9-2003 meaning thereby no cognizance on application under Section 319, Cr.P.C. was taken against the present petitioners. This is one of the aspects of the matter. It may be stated here that on 8-12-2003, the prosecution closed its evidence and the statements of accused Dev Karan and Jagdish under Section 313, Cr.P.C. were recorded on 17-12-2003 and on 3-1-2004, one witness DW1 Om Prakash was examined and on 9-1-2004, witnesses DW2 Shravanram and DW3 Omaram were examined and thereafter, the case was fixed for final hearing on 19-1-2004 and since then, the case was being put up for final hearing from time to time. This is another aspect of the matter. The further case of the prosecution is that since in the initial challan, which was filed against accused Dev Karan and Jagdish on 2-4-2002, it was observed by the police that investigation under Section 173(8), Cr.P.C. was pending against the present, petitioners, therefore, police submitted a supplementary challan against the present petitioners in the Court of Judicial Magistrate, First Class, Merta on 25-2-2004 for committing offence under Sections 498A, 304-B, IPC in the same FIR in which challan had already been filed against accused Dev Karan and Jagdish on 2-4-2002. On that supplementary challan, which was filed on 25-2-2004, the learned Judicial Magistrate, First Class, Merta vide order dated 25-2-2004 took cognizance against present petitioners for the offence under Sections 498-A, 304-B, IPC. He has further observed that since the petitioners had already been declared absconders on 21-2- 2004, therefore, standing warrant of arrest be issued against them and he has further observed that, proceedings under Sections 82-83, Cr.P.C. be also initiated against them.

(3.) Now in this petition, which was filed on 27-2-2004. the main case of the learned counsel for the petitioners is that since the application under Section 319, Cr.P.C. filed by the complainant Ram Karan for summoning the present petitioners as additional accused had already been rejected by the learned trial Judge on 2-9-2003 and revision against that order dated 2-9-2003 has been dismissed by this Court vide order dated 24-9-2003 and no SLP against the order of this Court dated 24-9-2003 has been filed before the Hon'ble Supreme Court, therefore, the order of learned trial Judge dated 2-9-2003, by which application under Section 319, Cr.P.C. was dismissed, had become final one meaning thereby when this Court, after recording evidence of nearabout 19 witnesses did not find any case for summoning the present petitioners as additional accused, therefore, in these circumstances, submitting of supplementary challan against the present petitioners as well as taking of cognizance against them on the basis of that supplementary challan is nothing, but an abuse of the process of the Court and thus, supplementary charge-sheet filed against the present petitioners on 25-2-2004 and the order dated 25-2-2004 by which the learned Judicial Magistrate took cognizance against the petitioners on that supplementary challan be quashed and set aside.