J OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this petition under Section 482, Cr. PC, has sought to quash the proceedings in Criminal Case No. 7/1987 pending in the Court of judicial Magistrate No. 4, Jaipur, against him.

(2.) BRIEF facts of the case are that one Madhusudan was married to Mst. Manju D/o Peshori Lal Babbar in October, 1983. On December 15, 1985, Mst. Manju died by burning. Madhusudan reported the matter to Adarash Nagar Police Station, Jaipur. On this information, Adarsh Nagar Police Station registered the case and started investigation. During the investigation, the statements of the parents of Mst. Manju were also recorded. The parents made statements that they did not suspect any foul play. The police submited a report that the case was of suicide. Subsequently, at the instance of father of Mst. Manju, the case was referred to CID, Jaipur for further investigation. The case was registered as FIR No. 98/1986 under Sections 306 and 498A, IPC. While the case was being investigated by the CID, a private complaint was filed by the father of Mst. Manju against Madhusudan and other under Sections 302, 306, 498A and 120B IPC in the court of Judicial Magistrate No. 13, Jaipur City, Jaipur. The case was then transferred to the court of Judicial Magistrate No. 4, Jaipur City. The learned Magistrate by order dated November 15, 1987 took cognizance of the offences under Section 302/498A/120B IPC against the petitioner and four other accused persons and issued non bailable warrants. The petitioner J. Om Prakash, one of the accused persons, has filed petition for quashing the proceedings against him.

(3.) IT has been further alleged that Peshori Lal filed a transfer application on September 17, 1986 in the Supreme Court for transferring the criminal case lodged by the petitioner from the Court of Bombay to the Court of Delhi. The said transfer application came to be dismissed by the Supreme Court. In the transfer application Peshori Lal had clearly stated that his daughter resided with her husband and father -in -law at Jaipur. It was no where stated that the petitioner ever stayed in Jaipur. In one of the paragraphs in the transfer application it was stated as under: Further facts relating to the case are that the murder of Manju, the daughter of the Non -petitioner No. 2, married the petitioner No. 1 living in the family of the petitioners Nos. 2 & 3 at Jaipur and it took place on the night of December 14, 1985 when at the time Shri J. Om Prakash was staying in Hotel Ashoka New Delhi. The reference to the petitioners Nos. 2 & 3 are of Shri Chaman Lal Soorma and Madhusudan Soorma father -in -law and husband of deceased Manju. It has been submitted by the petitioner that in the said transfer application there was no mention of any overt act of conspiracy attributted to or alleged against the petitioner in connection with the death of Manju. On the contrary, in the said transfer application Shri Peshori Lal in turn stated that the offence of murder if, any, has been committed by the non -petitioner Nos. 2 & 3 and not by the petitioner. The exact words used by Peshori Lal in the transfer applications read as under: There has been thus a consistent fear in the mind of the petitioner who had already lost young daughter Manju of about 2 years of age in the prime of her life in this shock of death committed on account of murder by respondents Nos. 2 & 3 was undesirable. The petitioner has further alleged that Peshori Lal was aware that the name of the petitioner did not figure in the investigation carried out by the CID, Crime Branch. Thus, getting frustrated with the result of investigation Shri Peshori Lal filed a false complaint involving the petitioner falsely and in abuse of the process of the court. Even perusal of the complainant flirt by Peshori Lal would show that the petitioner has been impleaded and involved in the matter maliciously and with dishonest ulterior motives. The main allegation contained in the complaint against the petitioner has been summarised as under: That on 29 -9 -1985 the complainant celebrated the marriage of his last daughter and invited his daughter Manju. At that time she even told that the accused No. 5 has come to Jaipur many times and he also harassed her along with the other accused. Accused No. 5 told the other accused that this girl is not worthy of your family because she has no child and, therefore, it is better to get rid of this girl and marry accused No. 1 to some other girl. Hearing these things the complainant and his wife became very panickly and worried and gave Manju F.D. Receipt of Rs 5,000/ - in her name. (b) That on 15 -12 -1985 at about 9.15 a.m. in the morning a telephone call came from Jaipur informing that Manju was seriously ill and that she has been admitted to hospital. After a little while accused No. 5 who was staying at Delhi telephoned me and told me that Manju was dead. It has been submitted by the learned Counsel for the petitioner that even the above allegations do not constitute any offence against the petitioner under Sections 302, 306, 498A & 120B, IPC. It has been submitted that the petitioner, has been impleaded with an ulterior motive to bring undue pressure upon him so that he may withdraw the criminal complaint of defamation pending in the court of Metropolitan Magistrate, Bombay. It has been submitted that even if the material placed on record is taken at its face value, unrebutted and unmpeached even then no case is made out for taking cognizance and issuing process against the petitioner. It has been further argued that there is no legally admissible evidence against the petitioner placed on record and the witnesses have merely narrated the incident on the basis of hear -say. It was also argued that the whole case against the petitioner gets demolished in view of the stand taken by Peshori Lal before the Supreme Court where in it was categorically asserted that on December 14, 1985 the petitioner was staying in Hotel Ashoka. New Delhi. It was also submitted that merely because the petitioner was brother -in -law (gainer side) of Chaman Lal Soorma (father -in -law of Manju) he has been falsely implicated as he was influential person. The petitioner is living at Bombay and engaged in the production and direction of film and was not even present at Jaipur in the fateful night and there is no iota of evidence worth the name to involve the petitioner in any conspiracy of the death of Mst. Manju.