Karuna Nand Bajpayee, J. - (1.) This application U/S 482 Cr.P.C. has been filed seeking quashing of proceeding in Case No. 239 of 2004, State versus Indramani Dube and others, arising out of Case Crime No. 64 of 2004, under Sections 498A, 323, 504, 506 IPC read with Section ¾ of Dowry Prohibition Act and Section 307 IPC, P.S. Sarai Memrej, District Allahabad pending in the court of Judicial Magistrate-I, Allahabad and also staying the further proceeding of the aforesaid case. Apart from the aforesaid prayer, multiple prayers have been further made in so much confounded language that despite the best efforts this Court could not deduce or articulate any meaning out of it and it is not possible for this Court to reproduce the same in any meaningful manner. Therefore, the hearing of this application is being confined to the prayer in as much as it seeks quashing of the proceeding of the case at hand.
(2.) Heard learned counsel for the applicants, learned AGA and perused the record.
(3.) It appears that initially it was decided by the Investigating Officer to submit charge sheet under Sections 498A, 323, 504, 506 IPC and Section ¾ of Dowry Prohibition Act in this case. This appears to be a decision taken on 18.10.2004.The charge sheet was accordingly prepared also. Subsequently, as it transpires from Annexure-4 (Page-30) that on 3.12.2004 a further case diary entry was made through which Section 307 IPC was also added in the wake of the allegations that were made to the effect that kerosene oil had been sprinkled upon the victim and then she was set ablaze by accused. A supplementary case diary parcha was also issued mentioning all these facts on 5.12.2004 in the case diary. Resultantly it also appears that the additional charge under Section 307 IPC was also mentioned or incorporated in charge sheet which had hereto contained only lesser offences. It further transpires from the record that cognizance in the case was taken on 4.3.2005. It is quite clear that addition of Section 307 IPC appears to have been done much prior before the cognizance of the case was taken by the court. It appears that in all probability the police papers were within the realm and custody of the police officials till then. The time when the chargesheet was brought to be looked into by the court, Section 307 IPC had already been imposed upon the accused persons in the wake of the allegations made by the complainant which were to the effect of making an attempt to cause her death by setting her ablaze.;