ANJANI MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the entire criminal proceeding including the order dated 29.7.2002 passed in G.R. Case No. 316 of 2001 whereby the learned Court below took cognizance under Sec. 498 -A/323 of the Indian Penal Code and Section 3/5 of the Dowry Prohibition Act.

(2.) PROSECUTION case in brief is that informant Ram Sagra Mishra lodged an FIR with the Adityapur Police Station being Adityapur P.S. Case No. 107/01 and the case was registered under Sec. 498 -A/323, Indian Penal Code and 3/5 of the Dowry Prohibition Act. The written report disclosed that the informant Ram Sagra Mishra married his daughter namely Bandana with Navin Thakur in April 1996 and at the time of marriage, he had given cash amount of Rs. 70,000.00 . After solemnization of marriage, his daughter started living peacefully with her sasural people. After 6/7 months, her husband started ill treating her for the demand of dowry and matter was concealed for the time being. But the matter again cropped up after two months when demand for Maruti Car and one colour T.V. was made. The informant fulfilled the demand of Maruti Car but demand for colour T.V. was not fulfilled. Ill treatment again started taking place. But in 1998 a sum of Rs. 10,000.00 was given in lieu of the colour T.V. In the year 1999 a female child was born out of the wedlock between Bandana and Navin Thakur. But after birth of the female child, ill treatment again started taking place with the daughter of the informant and information to that effect was given to the local police oh 18.11.2000 and the same was compromises and the matter was settled. Further case of the prosecution is that on 15.5.2001 at about 8.30 p.m. one relative Lalan Sharma brought the daughter of the informant in Maruti Van in an unconscious state to the house of the informant with two children and left the victim without giving any answer to the questions of the informant. The informant tried to bring sense of his daughter but he failed in his efforts and took the victim for treatment by doctors and the matter was reported to the police and on the basis of written report, Adityapur. P.S. Case No. 107/01 was registered under Sec. 498 - A/323 of the Indian Penal Code and Sec.3/5 of the Dowry Prohibition Act and after investigation IO did not submit charge -sheet against these two petitioners. But the learned Court below, while taking cognizance perused the case diary and after perusal of the case diary, took cognizance against these two petitioners also.

(3.) ON the other hand, learned State counsel submitted that there is no merit in this application as the order taking cognizance is based on reasoning and, therefore, this quashing application is fit to be dismissed.