CHANDRA BHAN AND OTHERS Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2010-9-243
HIGH COURT OF ALLAHABAD
Decided on September 13,2010

CHANDRA BHAN Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

S.C.AGARWAL,J. - (1.) HEARD learned Counsel for the revisionists, learned A.G.A. for the State and perused the material available on record. No notice is issued to private respon­dent in view of the order proposed to be passed today, however, liberty is reserved for private respondent to apply for varia­tion or modification of this order if he feels so aggrieved. This revision is directed against the or­der dated 21.8.2010 passed by Chief Judi­cial Magistrate, Etah in Criminal Misc. case No. 548 of 2010, Ram Kishore v. Chandra Bhan Singh and others whereby, application under section 156 (3), Cr.P.C. filed by op­posite party No. 2 was allowed and Station Officer concerned was directed to register F.I.R. and to investigate.
(2.) LEARNED Counsel for the revision­ists submitted that the deceased was never harassed by the revisionists on account of demand of dowry, and by mistake, the de­ceased swallowed some poisonous sub­stance resulting into her death. It was con­tended that on autopsy, no cause of death could be ascertained. The complainant and his family members were present at the time of cremation and there was no reason for the complainant to lodge F.I.R. Learned A.G.A. supported the im­pugned order and contended that as per the allegations contained in the application under section 156 (3), Cr.P.C., the deceased was harassed by her husband and the members of his family on account of de­mand of Rs.1 lac in cash and a motorcycle as dowry. On 3.6.2010 at 6:00 a.m., some unknown person informed the complainant that his sister was beaten and poisoned by the accused persons. The complainant im­mediately rushed to the house of the deceased where she was vomiting and there was froth coming out from her mouth. The husband and his other family members were missing from the house and had run away. The complainant took his sister to the hospital where she died on 13.6.2010. When there are serious allegations of dowry death against the revisionists, the order passed by the Magistrate directing an investigation cannot be faulted with. Whether the death of the victim was suici­dal, homicidal or accidental, has to be seen during investigation and investigation in such a serious matter cannot be throttled in the beginning. Moreover, viscera has also to be sent for chemical examination/analysis. I do not find any good ground to interfere in the matter. The revision is de­void of merit and is accordingly dismissed. Revision Dismissed.;


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