IMPORTANT POINT
Cognizance under Section 319 CrPC requires specific allegations and evidence; vague claims do not suffice for prosecution.

ORDER :

Ganesh Ram Meena, J.

1. This criminal revision petition has been filed by the accused petitioner against the order dated 09.09.2003 passed by the Court of learned Addl. District & Sessions Judge, No.1, Fast Track, Jaipur City, Jaipur (for short ‘the learned court below’) in Sessions Case No. 92/2002, whereby the application filed by the prosecution under section 319 CrPC has been allowed to the extent of present petitioner and cognizance for the offences under sections 498A and 306 IPC has been taken against him and he has been summoned through bailable warrants. The application has been dismissed as regards the other two accused persons namely; Smt. Vimla Agarwal and Rekha.

2. The brief facts of the case are that Shri Jagdish Prasad Mittal (PW1) lodged an FIR against the present petitioner, his wife Smt. Vimla Agarwal, his son Satish Kumar Agarwal and his married daughter namely; Smt. Rekha Agarwal with the allegations of cruelty for demand of dowry which resulted into the death of complainant’s daughter namely; Smt. Kamlesh. It was stated that the marriage of complainant’s daughter namely; Smt. Kamlesh was solemnized with Satish Kumar Agarwal in the year 1989 and Kamlesh committed suicide on 17.09.1999.

3. After investigation the police submitted the charge-sheet against accused namely; Satish Kumar Agarwal (husband of the deceased) only for the offence under section 498A IPC before the concerned Magistrate. However, the learned Magistrate directed the police to reinvestigate into the matter to find out the genuineness of the suicide note and lateron the police submitted the fresh charge-sheet against accused Satish Kumar Agarwal for the offences under sections 498A and 306 IPC. Since no offence was found to be made out against the present petitioner and his wife Smt. Vimla Agarwal and daughter Rekha Agarwal, no charge-sheet was filed against them.

4. After framing of the charges against the accused Satish Kumar Agarwal, the prosecution got examined certain witnesses.

5. After examination of PW1 Jagdish Prasad Mittal, PW2 Smt. Mithlesh and PW3 Gopal Bansal, an application was filed on 21.04.2003 under section 319 CrPC so as to take cognizance against the present petitioner, Smt. Vimla Agarwal and Smt. Rekha.

6. The learned court below vide order dated 09.09.2003 allowed the application filed under section 319 CrPC to the extent of present petitioner Dr. S.L Agarwal only and took cognizance against him for the offences under sections 498A and 306 IPC and summoned him through bailable warrants.

7. Counsel appearing for the accused petitioner submitted that the learned court below has taken cognizance against the present petitioner for the offences under sections 498A and 306 IPC without there being proper appreciation of the version of the prosecution witnesses. He further submitted that the marriage took place on 06.07.1989 and the deceased committed suicide on 17.09.1999 i.e. after ten years of the marriage. Counsel submitted that there are two kids from the wedlock of Satish Kumar Agarwal and deceased Kamlesh. Counsel submitted that there is no specific allegation of demand of dowry in the statements of the prosecution witnesses recorded prior to taking cognizance against the present petitioner and only general and omnibus allegations have been levelled against the entire family of husband (Satish Kumar). Counsel submitted that the petitioner is father-in-law of the deceased Kamlesh and presently he is 89 years of age.

Counsel further submitted that the learned court below has taken into consideration the allegations of misbehave by the petitioner with the deceased on 06.10.1991 i.e. 8 years earlier to the incident of committing suicide as an abetment.

8. Counsel for the petitioner has also submitted that section 107 IPC deals with abetment of a thing. He further submitted that no act of the present petitioner, as per the version of the prosecution witnesses, can be said to be an act of demand of dowry or abetment in committi