Ravindra Singh, J. - (1.) THIS appli cation has been filed by applicant Smt. Nidhi Singh alias Nikhita Bhardwaj with a prayer to quash the charge-sheet of case crime No. 12 of 2008 under section 306 I.P.C., P.S. New Agra, District Agra and the summoning order dated 28.12.2008 passed, by learned Special Chief Judicial Magis trate, Agra in criminal case No. 993 of 2008.
(2.) THE facts, in brief, of this case are that the FIR of this case has been lodged by O.P. No. 2 Satya Prakash Upadhyay in case crime No. 12 of 2008 under sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. New Agra, District Agra on 5.1.2008 at 1.15 p.m. in respect of the inci dent which had occurred on 5.1.2008. THE FIR has been lodged against the applicant and three other accused persons alleging therein that the marriage of the deceased Alpana was solemnized four years of the alleged incident with co-accused Anurag Singh, the brother of the applicant, thereaf ter, the demand of dowry was raised, to fulfil the demand of dowry, the deceased was subjected to cruelty. On 5.1.2008 at about 10 a.m., O.P. No. 2 received a tele phonic information that her daughter was inside the room but no sound was coming out, thereafter, the first informant came to the place of occurrence and saw the de ceased in hanging condition. According to the post-mortem examination report, the deceased had sustained a ligature mark, the cause of death was asphyxia as a result of hanging. After investigation, the I.O. submitted charge-sheet under section 306 I.P.C. after coming to the opinion that the deceased was abetted by applicant to commit the suicide on which the learned Magistrate concerned has taken the cogni zance on 24.9.2008, thereafter, learned Magistrate has issued the summons to the applicant and other co-accused persons on 28.12.2008. Heard Sri V.P. Srivastava, Senior Advocate assisted by Sri Lav Srivastava and Sri Man Mohan Singh, learned Coun sel for the applicant, learned A.G.A. for the State of U.P. It is contended by learned Counsel for the applicant that the. applicant is nanand of the deceased, her marriage was solemnized prior to the marriage of the deceased, she was living at her husband's house, she was having no concern with the demand of dowry and subjecting the de ceased to cruelty, such allegations made against the applicant are false and frivolous which have been made for the purpose of harassment of the applicant. The deceased was maintaining the diary, in diary itself, no allegation has been made against the applicant, she has written so many letters also in which no allegation was made against the applicant. It was further contended by learned Counsel for the appli cant that during investigation, the I.O. has not collected such evidence by which it can be said that the deceased was abetted by the applicant, even on the material col lected by the I.O., no offence under section 306 I.P.C.is made out but without consider ing the material collected by the I.O., the learned Special Chief Judicial Magistrate has taken the cognizance vide order dated 24.9.2008 and summoned the applicant and other co-accused vide order dated 28.12.2008. The learned Magistrate concerned has passed illegal orders dated 24.9.2008 and 28.12.2008. The applicant is innocent. There is no cogent material against the applicant showing her involvement in the commission of the alleged offence whereas deceased had committed suicide due to some other rea sons, in such circumstances, the charge-sheet and summoning order dated 28.12.2008 may be quashed.
(3.) IN reply to the above contentions, it is submitted by learned A.G.A. that the death of the deceased is unnatural, the al legation of demand of dowry and subject ing the deceased to cruelty is against the applicant also, there is sufficient material collected by the I.O. for the purpose of the prosecution of the applicant, the I.O. has not committed any error in submitting the charge-sheet under section 306 I.P.C. be cause the deceased was abetted by the ap plicant and other co-accused to commit the suicide. It is unnatural death, the provisions of sections 304-B and 498-A of I.P.C. are at tracted, the learned Magistrate has not committed any error in taking the cognizance and summoning the applicant to face the trial. The appreciation of the material collected by the I.O. during investigation for the purpose of framing of the charge shall be done by the Trial Court. It is not a stage of appreciation, this application is devoid of the merit, the same may be dismissed. Considering the submissions made by learned Counsel for the applicant, learned A.G.A. and from the perusal of the record, it appears that sufficient material has been collected by the I.O. during the investigation for the purpose of the prose cution of the applicant. The specific allega tion in respect of the demand of dowry and to fulfil the same, the deceased was subjected to cruelty, has been made, the mate rial collected by the I.O. is disclosing the commission of offence. There is no illegal ity in submission of the charge-sheet. Learned Magistrate concerned has not committed any error in taking the cogni zance and summoning the applicant to face the trial. So far as constitution of particular offence is concerned, it shall be considered by the Trial Court at the time of framing of the charge, therefore, the prayer for quashing the charge-sheet as well as im pugned order dated 18.12.2008 is refused.;