- (1.) By this petition, a challenge is made to the order taking cognisance of offence and further proceedings against the petitioners.
(2.) Learned counsel tor the petitioners submits that on an FIR registered for offence under Sections 498A and 304B of IPC, investigation was conducted by the police followed by charge sheet against the husband. The investigation against the present petitioners was kept pending under Section 173(8) of Cr.P.C. After sometime, the Police filed charge sheet against the petitioners also on 7th August, 2007, which is almost after three years. No investigation was further caused after keeping it pending under Section, 173(8) of Cr.P.C. in view of the above, when no evidence was further collected by the Police against the petitioners, there was no occasion for them to file charge sheet after three years, if the evidence was already existing, then charge sheet should have been filed in the year 2003 itself with the add of Section 299 Cr.RC. The investigation once kept pending under Section 173 (8) of Cr.RC. charge sheet can be filed after collection of sub-material and not as an empty formality. In view of the above, charge sheet as well as order of cognisance of offence deserve to be quashed.
(3.) Learned counsel for the petitioners has also made reference of the statements of father of deceased, who has admitted that whatever amount was given in dowry, it was transferred in the name of her daughter for purchase of a plot. Effectively, he has not made allegations against the present petitioners, rather the conduct of the petitioners explained by them shows that offence was not committed by the petitioners under Sections 498A and 304B of IPC. The aforesaid supports as to why investigation against the petitioners was kept pending under Section 173(8) of Cr.RC. The police was not having sufficient material to file charge sheet against the petitioners but then for the reasons best known and without evidence, the charge sheet was filed after three years. The aforesaid facts shows conduct of police or filing charge sheet in a casual manner.;