SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dt. 28-7-98 passed by learned Spl. Addl. Sessions Judge, Sriganganagar whereby he took cognizance against Sohanlal and Jamna Devi under Ss. 304B and 498A, IPC.

(2.) The short facts of the case are that Surendra Kumar complainant had lodged a report that on 24-6-97 he received the information that his sister married to Krishanlal had been murdered. It was stated that Krishanlal, Jamna, Sohanlal and Balram used to subject the deceased to cruelty for dowry. The police, after the completion of the investigation, submitted challan against Krishanlal and Balram only. The case was committed to the Court of Session which was transferred to the Special Addl. Sessions Judge, Sriganganagar. During the course of trial an application was filed by the prosecution that cognizance be taken against Sohanlal and Jamna Devi. The learned Addl. Sessions Judge allowed the application. Hence, this revision.

(3.) The contention of Mr. Garg is that after the trial had commenced the learned Addl. Sessions Judge had no jurisdiction to take cognizance under S. 193, Cr. P.C. His submission is that after the evidence was recorded cognizance could be taken u/S. 319, Cr. P.C. but as the order was passed under S. 193, Cr. P.C. it is liable to be quashed.