S. L. AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed by the accused petitioner against the order dtd. 9/9/2003 passed by the Court of learned Addl. District & Sessions Judge, No.1, Fast Track, Jaipur City, Jaipur (for short Rs.the learned Court below') in Sessions Case No. 92/2002, whereby the application filed by the prosecution under Sec. 319 Cr.P.C. has been allowed to the extent of present petitioner and cognizance for the offences under Ss. 498A and 306 IPC has been taken against him and he has been summoned through bailable warrants. The application has been dismissed as regards the other two accused persons namely; Smt. Vimla Agarwal and Rekha.

(2.) The brief facts of the case are that Shri Jagdish Prasad Mittal (PW-1) lodged an FIR against the present petitioner, his wife Smt. Vimla Agarwal, his son Satish Kumar Agarwal and his married daughter namely; Smt. Rekha Agarwal with the allegations of cruelty for demand of dowry which resulted into the death of complainant's daughter namely; Smt. Kamlesh. It was stated that the marriage of complainant's daughter namely; Smt. Kamlesh was solemnized with Satish Kumar Agarwal in the year 1989 and Kamlesh committed suicide on 17/9/1999.

(3.) After investigation the Police submitted the charge-sheet against accused namely; Satish Kumar Agarwal (husband of the deceased) only for the offence under Sec. 498A IPC before the concerned Magistrate. However, the learned Magistrate directed the Police to reinvestigate into the matter to find out the genuineness of the suicide note and lateron the Police submitted the fresh charge-sheet against accused Satish Kumar Agarwal for the offences under Ss. 498A and 306 IPC. Since no offence was found to be made out against the present petitioner and his wife Smt. Vimla Agarwal and daughter Rekha Agarwal, no charge-sheet was filed against them.