RAJNEESH RASTOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition arises out of the order dated October 16, 2008 of Special Judge, women Atrocities and Dowry Cases, Jaipur City Jaipur in Sessions Case No. 46 of 2008 framing charge against the petitioner for the offences under Sections 498 -A and 304 -B IPC.

(2.) BRIEF facts of the case are that Om Prakash Rastogi lodged first information report at Police Station Shyam Nagar on April 24, 2008, in which it was I stated that his daughter Vandana married with Rajneesh Rastogi on April 21, 2007 according to Hindu Mythology. He stated that as per his capacity he gave dowry to her daughter. Her daughter earlier lived at Delhi with Rajneesh and thereafter they came to Jaipur and at Jaipur petitioner Rajneesh started harassing her physically and mentally. After drunk he beaten up her daughter and gave abuses. Her daughter reported these instances to him and when her daughter was more tensive she narrated all these over telephone and she stated that she will commit suicide. The petitioner several times stated to Vandana that they have spent Rs. 5,00,000/ - and brought her as a servant and their parents spent nothing in marriage and they cannot sit parallel to them. On account of this mental and physical torture his daughter committed suicide on April 23, 2008. Upon this report the Police registered case for the offences under Sections 498 -A and 304 -B IPC. The police filed challan before the concerned Magistrate, who committed it to the court of Sessions Judge, Jaipur City Jaipur where from it was transferred to the Court of Special Judge, Women Atrocities and Dowry Cases Jaipur City Jaipur. The trial court after hearing both the sides framed charge against the accused petitioner by his order dated October 16, 2008 for the offences under Sections 498 -A and 304 -B IPC. Against the said order this revision petition has been preferred.

(3.) ON the other hand Mr. B.N. Sandu, Public Prosecutor drawn my attention to Sections 227 and 228 of Cr.P.C. Sections 227 and 228 Cr.P.C. read as under: