D.N.PRASAD,J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 13.7.2000 taking cognizance for the offences under Sections 304B/306/109/498A of the I.P.C. against the petitioners in connection with Complaint (Protest) Petition No. 276 of 2001.
(2.) IT is stated that one Bishamber Brahmchari registered a case before the Argora Police Station being Argora P.S. Case No. 88/2000 which was registered under Sections 304B/34 of the I.P.C. The police investigated into the case and submitted final report and thereafter a protest petition was filed alleging therein that the complainant's sister Vishnu Priya aged about 22 years was married with Pradeep Ghosh in the year April, 1997. It is further stated that she went to her 'Sasural' where a further demand of Rs. 1,00,000/ - (one lac) was made as dowry and as a result of non -payment of the same, complainant's sister (deceased) was not being treated properly by the petitioners and subjected to torture by the petitioners and her husband. It is further alleged that about 10 months prior to date of occurrence, a male child also born to his sister (deceased) and thereafter she became ill and treatment was also continued and thereafter he was informed that she died on 10.5.2000 and before he reached there, the accused persons cremated her. The inquiry under Section 202 of the Code of Criminal Procedure was held. Witnesses were also examined and after finding prima facie case the Court below issued summons for their appearance before the Court below. Learned Counsel appearing on behalf of the petitioners submitted that actually complainant has filed this protest petition afterthought against the petitioners when the father of the complainant had already filed one UD case earlier and admittedly the deceased was ill after giving birth to a child and she was under treatment and she died of natural death and it will be evident from the certificate granted by the Seva Sadan Hospital itself that she died due to natural death. It is further submitted that viscera was also sent for chemical examination and nothing abnormal was detected as well as there is nothing specific to indicate that any torture for dowry was made on behalf of the petitioners at any point of time and there is no evidence to show that any offence under Sections 304B as well as 306 of the I.P.C. is made out in the instant case.
(3.) LEARNED Counsel appearing on behalf of the complainant submitted that actually the UD case was filed by the father of the complainant under threat and the signature as well as the thumb impression was obtained on the sada paper which will be evident from the F.I.R. lodged by the complainant itself stating all the matters. It is also submitted that during inquiry under Section 202 of the Code of Criminal Procedure the witnesses have supported the prosecution case about the torturing and demand of dowry.;