KAILASH AND OTHER Vs. STATE OF RAJASTHAN AND OTHER
LAWS(RAJ)-2018-10-108
HIGH COURT OF RAJASTHAN
Decided on October 24,2018

Kailash And Other Appellant
VERSUS
State Of Rajasthan And Other Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred claiming the following relief: "It is therefore, respectfully prayed that your Lordships may graciously be pleased to accept and allow the present criminal misc. petition and record of the case may kindly be called for and the impugned order dated 02.02.2018 as well as 17.07.2018 passed by learned Metropolitan Magistrate No.8, Jodhpur Metro, Jodhpur may kindly be quashed and set aside."
(2.) Brief facts of this case indispensable for the present adjudication are that an FIR was lodged by the respondent/complainant on 25.10.2017 with the allegations that his daughter, namely, Anita @ Anjali, was married with Kailash (petitioner No.1) on 30.11.2016, and after her marriage, his daughter was harassed in connection with demand of dowry by her in-laws. It has further been alleged that Tarachand, the father-in-law of the complainant's daughter telephonically informed the complainant that his daughter, Anita was ill and when the complainant rushed to the hospital, Anita had already expired.
(3.) On the investigation being made, a charge-sheet was submitted against Kailash, the husband of complainant's daughter Anita on 30.01.2018, whereupon the learned magistrate registered a case, and proceeded to take cognizance against the charge-sheeted accused of the offence under Sections 304B and 498A IPC and further ordered committal of the case under Section 209 Cr.P.C., 1973 as the offence was triable by the court of sessions.;


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