IMPORTANT POINT
Discharge application – Court cannot conduct mini trial at the time of framing charge.

JUDGMENT

The instant Cr. Revision has been directed against the order dated 10.05.2023 passed by the learned Judicial Magistrate, XI, Ranchi in G.R.No.946 of 2018, arising out of Lower Bazar P.S. Case No. 55 of 2018 whereby and whereunder the learned trial court has been pleased to dismiss the discharge application preferred by the petitioner under Section 239 of Cr.P.C. and consequently decided to frame charge against the petitioners under Sections 498A/406/34 of the Indian Penal Code and ¾ of D.P.Act, now pending in the Court of Judicial Magistrate, XI, Ranchi.

2. The brief facts leading to this Cr. Revision are that the complaint was given by the complainant Mrs. Rashi Krishan against Sumit Saurav, Surendra Kumar, Anita Rani, Jogendra Kumar, Sunita Devi, Tanya Surbhi, Anupama Surbhi, Vidya Bhushan wherein the allegations are made that the complainant was married with Sumit Saurav on 16.04.2016. Before marriage some demands were also placed by the accused No.1,2,3 & 4, namely Sumit Saurav, Surendra Kumar, Anita Rani and Jogendra Kumar before the father of the complainant to meet out the expenses and also in form of gifts and cash. The father of the complainant also transferred an amount of 14 lacs through the Bank and 10 lacs in cash with great difficulty which he could fulfil the demand as made by the accused persons.

2.1 It is also further alleged that the approximate 35 lacs was spent in the marriage and after solemnization of marriage, the complainant was also begun to be humiliated and tortured. A demand of purchasing car and flat was also made day by day by the accused No. 1 her husband, accused No.2 father-in-law and accused No.3-mother-in-law.

2.2 Accused No.4-Yogendra Kumar is alleged to have instigated them. Thereafter the complainant came to know after having examined and accessed the laptop of her husband that he had illicit relation with one lady Seema Saraswat who was at Mumbai where her husband was doing job at Mumbai while the complainant was in job at Noida.

2.3 It is also alleged that her husband also made the demand of a car and the flat in Mumbai and for non-fulfilment of the same, the complainant was subjected to cruelty. It is also alleged that the jewellery which was given to her at the time of marriage was also taken by her mother-in-law.

3. On the basis of this complaint case crime No.55 of 2018 was registered with the Police Station concerned under Sections 498(A)/406/34 of the Indian Penal Code and Section ¾ of Dowry Prohibition Act.

4. The I.O. conducted the investigation and during investigation in para 3 of the case diary the complainant reiterated all those allegations which were made in the complaint by her. The I.O. also recorded the statement of other witnesses and in para 27 of the case diary he came to the conclusion that there is no evidence against the mother-in-law and the father-in-law in regard to the commission of the alleged offence and he also came to the conclusion that the complainant was also having illicit relation with one Seema Sarswat or it was the very issue on which the relations between the husband and wife became strained. Thereafter the intensive investigation was conducted by the I.O. at the behest of the higher authority of the police wherein the para 38 of the case diary becomes relevant wherein before the State Women Commission, Jharkhand the application was given by the complainant in which she made only allegation against her husband that too in regard to having the illicit relation with one Seema Sarswat and torturing her for the same. She also stated in regard to the amount incurred at the time of marriage as settled prior to the marriage. In para 55 of the case diary the only evidence against the petitioner Surendra Kumar is that he has criminally intimidated the victim-informant but no reason is shown for what purpose the criminal intimidation was given. In para 57 of the case diary there is documentary evidence that in two accounts of the Union Bank and Andhra Bank