K.S.GAREWAL,J - (1.) CRIMINAL Misc. No. 13638 of 2000 is allowed and the Criminal Revision is restored.
(2.) THIS revision petition has been filed to challenge the order of the learned Chief Judicial Magistrate, Sangrur dated July 24, 1999 whereby respondents Raj Kumar, Mohan Lal and Prem Chand were discharged on the basis of the application moved by the prosecution as there was insufficient evidence collected during the investigation to forward these accused persons for trial. Accused respondents were consequently released on furnishing personal bond in the sum of Rs. 20,000/-. The present petition has been filed by Yash Pal who was the complainant and on whose statement F.I.R. No. 124 dated June 10, 1999 was registered at Police Station Kotwali for offences under Section 304-B and 34 of the Indian Penal Code. Yash Pal complained that his sister Kamlesh Kumari was married to Rajinder Kumar, brother of accused-respondents No. 2 to 4 (herein). Soon after the marriage, Rajinder Kumar, his brothers and mother had started harassing Kamlesh Kumari for bringing insufficient dowry. She had complained about this to the members of her family. The couple had a son named Vicky. After the birth of the son, Kamlesh Kumari was again harassed for bringing less dowry. Yash Pal and his uncle Bhagwan Chand met Rajinder Kumar and his mother Krishan and requested them not to harass the deceased. On May 30, 1999 Yash Pal and his brother Ramesh Chand met Kamlesh Kumari at Sangrur. She narrated her tale of woe regarding her cruel treatment. They pacified her and returned home. On June 7, 1999 they received a telephonic call from the deceased that her husband, his three brothers and mother-in-law again told her to bring more dowry. Thereupon, Yash Pal and his behnoi went to Sangrur and returned after pacifying the deceased. On June 9, 1999 at about 8.30 A.M. a telephonic call was received from the deceased. She was informed that she had consumed pesticide tablets to finish herself. Yash Pal and his brothers immediately went to Sangrur and found the deceased in an unconscious condition. She was got admitted in a Government Hospital, Sangrur and later shifted to Daya Nand Medical College, Ludhiana where she died. On July 15, 1999, S.H.O. P.S. City Sangrur filed an application stating that the investigation had revealed that Raj Kumar, Mohan Lal and Prem Chand were innocent while Rajinder Kumar and his mother Kamlesh Kumari were responsible and it was prayed that Raj Kumar, Mohan Lal and Prem Chand be discharged. It is settled law that in a case whose the Magistrate decides not to take any cognizance of the offence and drops the proceedings by taking the view that there was insufficient evidence for proceeding against some of the accused a notice must be given to the complainant/informant to provide him on opportunity of hearing at the time of consideration of the report. Reference is made to Bhagwant Singh v. Commissioner of Police and another, AIR 1985 SC 1285. There is nothing to show that any notice was given to Yash Pal (complainant) before respondents No. 2 to 4 were discharged by the learned Chief Judicial Magistrate, on July 24, 1999. The order of discharge is hereby set aside. The learned Magistrate shall consider the application of the prosecution after notifying the complainant and giving him an adequate opportunity of being heard whereafter a fresh order shall be passed. The petition is accepted in the above terms and the impugned order is set aside.
(3.) NOTHING stated above shall be taken as an expression on the merits of the case. Petition allowed.;