SAHDEO PRASAD VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) An F.I.R. was lodged on 21.6.2008 by the petitioner-Sahdeo Prasad Verma stating therein that her daughter-Pinki Kumari had been married with Yogeshwar Mahto-respondent no. 2 and after the marriage when she came to her in-laws' place, she was subjected to torture not only by her husband but also by other members of her in-laws' family. Ultimately, on 21.6.2008 she was done to death after being subjected to torture on account of non-fulfillment of demand of dowry. Thus, it has been alleged that ali the accused persons, namely, Yogeshwar Mahto, Gango Mahto, Kokil Mahto and Pankaj Kumar, by hatching conspiracy with each other committed offence of dowry death.

(2.) On the aforesaid allegation, a case was registered as Birni P.S. Case No. 64 of 2008 under Sections 304B/34 of the Indian Penal Code and the matter was taken up for investigation. However, the informant when felt that the investigation is not being made in right direction, filed a protest petition before the court below while the investigation was still going on. However, the police after completion of the investigation submitted charge-sheet under Section 306 of the Indian Penal Code against the husband-respondent no. 2 only, whereas final form was submitted against rest of the accused persons exonerating them from the accusation. The protest petition, which had been filed on behalf of the informant, was posted for hearing on 6.12.2008 on which date, the informant did not appear still it was recorded by the court that he heard the protest petition, but the court does not seem to have passed any order, rather he passed the order on the charge-sheet, whereby he having found the prima facie case under Section 306 of the Indian Penal Code against accused-Yogeshwar Mahto took cognizance of the offence, whereas the court dropped the proceeding so far as the other accused persons are concerned, who were exonerated from the accusation by the Investigating Officer.

(3.) Being aggrieved with the said order dated 6.12.2008 accepting the final form against the accused persons exonerated by the police and taking cognizance of the offence under Section 306 of the Indian Penal Code against Yogeshwar Mahto, this writ application has been filed for quashing the said order.