The charge for commission of the offences under section 306, 498-A R.P.C has been framed against the accused petitioner by the learned Ist Additional Sessions Judge, Jammu by his order dated 01-08-2002.

2. Aggrieved by the framing of the charge, the petitioner/accused has filed this petition seeking quashing of the challan by exercising jurisdiction under section 561-A Cr.P.C or in the alternative for setting aside the order dated 01-08-2002 of the Trial court by invoking revisional jurisdiction of this Court.

3. Shorn of details the necessary facts are being stated. The deceased Ashu was the wife of the petitioner, who committed suicide on 24-07-1998 in the evening in the bedroom of the house of the accused. She was married to the accused on 31-01-1998 as per Hindu rites. It is the case of the prosecution that in marriage sufficient dowry and gold ornaments weighing approximately 50 Tola along with house hold items etc. were given and on account of furniture, F.Ds carrying value of Rs. 1.50 lacs were given to the accused by the family of the deceased. It is also the case of the prosecution that in the month of April 1998, few days before Baisakhi deceased along with accused went to her parental house and told her mother that it is too hot and the petitioner says about air-conditioner on which an A.C was sent to her house as a Baisakhi gift. It is also the case of the prosecution that whenever deceased came to her parental house, she used to tell her mother that accused drinks heavily and on her objecting the same he manhandled and threatened her. Once when her mother noticed an injury on the hand of the deceased, on enquiry she disclosed that accused had beaten her.

4. The above is the account of the salient features of the prosecution story. It is also the case of the prosecution that police had not been informed of the death of the deceased by any member of the family of the accused or by the accused himself and the police had swung into action on receiving an information from a reliable source that accused was making preparation for cremating the dead body of the deceased without informing any one about her unnatural death.

5. The deceased has died unnatural death. It is the positive case of the prosecution that she committed suicide. The case has been investigated by C.B.I, who has filed the charge sheet against the accused for commission of the offences under section 406, 498-A RPC and the learned Trial Court has framed the charge against the accused as aforesaid.

6. Before filing of the above said charge-sheet against the accused in which charge has been framed, the investigating agency C.B.I had filed admittedly another challan/charge sheet against the same accused on identical allegations/facts but for the trial of the accused under section 304-B R.P.C, in the Court of learned Chief Judicial Magistrate, Jammu, little knowing that in R.P.C, there was no provision of 304-B like the one existing in Central Indian Penal Code.

7. Be it that may, the prosecution moved an application for accepting the said challan/charge sheet without documents and seized articles and for permitting the production thereof on the next date of hearing. This application of the prosecution was opposed by the accused. The learned Chief Judicial Magistrate by its order dated 18-12-2000 returned the charge sheet back to the prosecution saying:

"P.P. CBI, Mr. S.K. Bhatt and V.P. Sharma, Dy. S.P, CBI/SKU-XVI, Jammu has presented the challan along with photocopy in presence of accused Vikram Malhotra in terms of Section 173 Cr.P.C. along with an application for accepting the charge-sheet without documents and permitted him to produce the documents and seized articles of the case as per list enclosed on the next date of hearing on the plea that the documents and seized articles are lying in Malkhana of CBI and the Malkhana incharge is not available today,

At this stage, Mr Sunil Sethi Advocate appeared on behalf of accused and filed vakalatnama. Ld. Counse

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