G.S. Sarraf, J. - (1.) This criminal misc. petition under Sec. 482 Cr.P.C. is directed against the order dated 08.08.2006 passed by Judicial Magistrate No.9, Jaipur City, Jaipur in Criminal case No.391/01 whereby the application filed by the petitioner for adding and taking cognizance of the offence under Sec. 304B IPC and committing the case to the court of sessions has been dismissed.
(2.) The brief facts giving rise to this petition are that the petitioner lodged a report at the police station Nahargarh Road, Jaipur on 05.07.1998 that his daughter Uma was married to Tara Shankar on 06.05.1994. Uma was subjected to cruelty in connection with demand of dowry. Uma died on 02.07.1998. The death was caused by strangulation. FIR was registered under Ss. 498A, 304B IPC but after usual investigation the challan was filed against the accused Tara Shankar under Sec. 498A IPC only. During the trial, the petitioner filed an application on 07.01.2004 praying for adding and for taking cognizance of the offence under Sec. 304B IPC also as the deceased Uma had died within seven years of her marriage in unnatural circumstances. The trial court dismissed the application by the impugned order dated 08.08.2006. Aggrieved the petitioner has filed this misc.petition.
(3.) Heard learned counsel for the petitioner, learned public prosecutor and learned counsel for the respondent No.2.;