BHIKNATH Vs. STATE

JUDGEMENT

(1.) PETITIONER accused in Criminal Case No. 1215/06 before the court of Additional Chief Judicial Magistrate No. 3, Jodhpur, preferring this petition requests for quashing the proceedings of above criminal case.

(2.) THE short facts alleged appear to be that one Dinesh Nath married in November, 2005 committed suicide on 1.1.2006 for which proceedings under Section 174 Cr.P.C. registered and aforewards on complaint of deceased's father, FIR No. 19/06 registered for offences of Section 306 IPC against Dinesh Nath's in laws. On conclusion of investigation, negative report under Section 173 Cr.P.C. submitted. After hearing the complainant respondent No. 2, learned Magistrate, vide order dated 10.8.06 taking cognizance for offence under Section 306 IPC registered case against the petitioners who are father -in -law, mother -in -law and grand father -in -law of deceased.

(3.) LEARNED Counsel for the petitioner argued that it is alleged to be a unique case where husband has committed suicide and allegations of elements of offences for Section 306 IPC are against the inlaws. Argued that such an eventuality is not possible rather absurdity and no case for taking cognizance is made out. Argued that registering criminal case for petitioners is abuse of process of court -not based on factsreasons described in the police report are not considered by the learned Magistrate and by learned Sessions Judge too. On alleged facts, it is stressed that no case for taking cognizance is made out.