MITHILESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (the Code) for quashing the order dated 16-7-2001 passed by the Chief Judicial Magistrate, Chatra, in connection with Itkhori P.S. Case No. 50 of 2001 corresponding to G.R. Case No. 377 of 2001, whereby and whereunder the learned Court below took cognizance of the offence under Sections 341, 323, 325, 498A 494 and 307/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act against the accused persons including the petitioners.

(2.) The prosecution case in brief is that one Bhuneshwar Singh filed a written petition before the Officer-in-Charge, Itkhori Police Station, stating therein that his daughter Punam Devi was married with Madan Singh Son of Saligram Singh in the year 1993 and after marriage, both husband and wife lived together happily but after sometime, Sobha Devi, mother-in-law, Saligram Singh, father-in-law, Dewar Mohan Singh and husband Madan Singh, started assaulting her and demanding to bring Motor Cycle, Rs. 25,000.00 cash and jewellery etc., It is further alleged that they threatened for second marriage and second marriage was also performed on 1-5-2001 with the daughter of Uday Singh, namely, Puja Kumari. It is further alleged in the first information report that the life of the informant's daughter is in danger and, accordingly, first information report was lodged on the basis of the written report of the informant. The police investigated into the case and after investigation submitted charge sheet in the case but the petitioners were not sent up for trial as no evidence could be collected against the petitioners.

(3.) The learned counsel appearing on behalf of the petitioner submitted that there is nothing specified/direct evidence or allegation against the petitioners to connect them with the alleged offence as well as during the course of investigation, senior police official who supervised the case, did not find the case to be true and recommended for submitting final report against the petitioners. The Investigating Officer after collecting evidence submitted the charge sheet against the accused Madan Singh and Jageshwar Singh under Sections 341, 323, 325, 498A, 494, 307/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, but the investigation remained continued against Shaligram Singh, Sobha Devi and Mohan Singh, whereas the petitioners, namely, Uday Singh, Mithilesh Singh, Ram Kinkar Singh and accused Puja Kumari were found to be innocent and, as such, they were not sent up for trial. It is further submitted that even after filing of the charge sheet, specifically let off the petitioners by the Investigating Officer and the senior police official who supervised the case but the Court below took cognizance against the petitioners also illegally and without appreciating the evidence on records properly.