Sunil Kumar Garg, J. - (1.) This petition under Section 482 Cr.PC. has been filed by the complainant-petitioner with a prayer that since the police after investigation of FIR No. 74/2003 of Mahila Police Thane, Bikaner has dropped Sections for offences under Sections 304-B and 498-A I.P.C. and has filed charge-sheet against the accused respondents No. 2 to 4 for offence under Section 306 I.PC. and therefore, the respondent State be directed to re-investigate the case in FIR No. 74/2003 of the Mahila Police Station, Bikaner.
(2.) It arises in the following circumstances: (i) That on 29.11.2003 Mool Singh (complainant-petitioner) lodged a report at the Mahila Police Station, Bikaner that her daughter Samta alias Sampat Kanwar was married to respondent No. 2 Rajesh on 27.11.1997 and after the marriage, the respondents No. 2 to 4 used to torture the deceased for not bringing sufficient dowry and his daughter had been killed by the accused respondents by administering poison. (ii) On that report, the police chalked out regular FIR No. 74/2003 for offences under Sections 498-A and 304-B I.P.C. and after usual investigation, the police submitted challan against the accused respondents No. 2 to 4 for offence under Section 306 IPC in place of Sections 498-A and 304-B IPC in the court of Magistrate, from where the case was committed to the court of Sessions for trial which is pending. (iii) The arguments on charge have not been heard so far. (iv) The case of the complainant-petitioner is that since the police has not investigated the matter properly, therefore, directions should be issued to the State for reinvestigating the matter.
(3.) This misc. petition has been opposed by learned PP as well as learned counsel for the accused-respondents No. 2 to 4 and their case is that the police after investigating the matter properly has filed challan in the matter and no direction is needed for re-investigation in this case and hence s this misc. petition should be dismissed.;