- (1.) By way of this criminal misc. petition filed under Section 482 of Cr.P.C, the complainant petitioner Ram Kumar has prayed to set-aside the order dated 6th March, 2003 rendered by the learned Additional Sessions Judge, Anoopgarh in Criminal Revision No. 15/2003, whereby the learned Additional Sessions Judge allowed the criminal revision filed by the accused respondents and quashed the order dated 22nd February, 2003 passed by the learned Judicial Magistrate, Ghadsana in Criminal Case No. 134/2003 pertaining to FIR No. 112/2001 of P.S. Ghadsana registered for the offences under Sections 306 and 120B of Indian Penal Code.
(2.) Skipping unnecessary details, contextual facts, in nub, depict thus: One complaint by Ram Kumar came to be filed on 2nd March, 2001 in the Court of Judicial Magistrate, Ghadsana, which was sent for investigation to police under Section 156(3) of the Criminal Procedure Code. As per the complaint, two daughters of Het Ram namely Birma and Indraj were married to two brothers, the complainant Ram Kumar and deceased Jugal Kishore at village Chunavad. It is alleged that both the wives at the instance of their father Het Ram, used to often scuffle with their husbands. It has emerged that Jugal Kishore was a bit emotional and one day he consumed pesticides, resulting into his death. The Executive Magistrate conducted proceedings under Section 174 of Cr.P.C. but after 6 or 7 months of the death of Jugal Kishore, one letter was traced in an attachie, which disclosed the manner of incident. This letter revealed that he committed suicide at the instigation of his father-in-law Het Ram. It has also emerged that the daughters of Het Ram also at the instance of their father, used to quarrel with their husbands. They created such a situation before Jugal Kishore, which led him to commit suicide. Police registered the case and commenced investigation. After completion of investigation, the police did not find any evidence against the accused persons, as a result of which a Final Report un-occurred was given. Learned Judicial Magistrate, Ghadsana took cognizance of the offences under Sections 306 and 120B of the Indian Penal Code on protest petition having been filed by the complainant. The order of taking cognizance dated 22nd February, 2003 was challenged by the accused persons except Het Ram before the Additional Sessions Judge, Anoopgarh, who allowed the revision and set-aside the impugned order of taking cognizance.
(3.) Heard learned Counsel for the petitioner as also the learned Counsel for the respondent and learned PP appearing for the State.;