Court No. - 85
Case :- APPLICATION U/S 482 No. - 16075 of 2020 Applicant :- Jagdish Prasad Shukla Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Anand Mohan Pandey,Krishan Mohan Pandey Counsel for Opposite Party :- G.A.,Kameshwar Singh
Hon'ble Vipin Chandra Dixit,J.
This application under Section 482 Cr.P.C. has been filed by the applicant against the order dated 22.10.2018 passed by Chief Judicial Magistrate, Banda in Misc. Case No.496 of 2018, by which the application filed by the applicant under Section 156(3) Cr.P.C. was rejected and order dated 1.9.2020 passed by Additional Sessions Judge, Court No.1, Banda by which Criminal Revision No.146 of 2018 preferred by applicant was rejected.
Brief facts of the case are that the daughter of the applicant namely Guddi @ Ranjana was married with opposite party no.3, Amit Dixit on 24.4.2017. After the marriage, there was demand of dowry by her husband and in-laws. The demand of four wheeler was not fulfilled by the applicant and, as such, the daughter of applicant was harassed and tortured by her husband and in-laws. On account of harassment and torture done by in- laws, daughter of the applicant died on 3.8.2018. Since the First Information Report of the applicant was not registered, the applicant has filed an application under Section 156(3) Cr.P.C. on 25.9.2018 before the Chief Judicial Magistrate, Banda, with the prayer to direct the S.H.O, Girwan, Banda to register the FIR. Learned Chief Judicial Magistrate, Banda vide order dated 22.10.2018 rejected the application filed under Section 156(3) Cr.P.C. The applicant has filed criminal revision which was registered as Criminal Revision No.146 of 2018 and it was also dismissed by the Revisional Court/Additional Sessions Judge, Court No.1, Banda vide order dated 1.9.2020.
Heard Sri Ananad Mohan Pandey, learned Counsel for the applicant, learned A.G.A. for the State/opposite party no.1, Sri Kameshwar Singh, learned Counsel for opposite party nos.2 to 6 and perused the materials which are available on record.
It is submitted by learned Counsel for the applicant that both the courts below have not considered the allegations levelled by applicant in his application under Section 156(3) Cr.P.C. as well as grounds taken in criminal revision and passed the impugned orders. Both the courts below had failed to consider that the daughter of the applicant was harassed and tortured by opposite party nos.2 to 6 for demand of dowry and they are responsible for her death.
On the other hand, learned Counsel for opposite parties has submitted that both the courts below after considering the materials which are available on record have recorded the findings to the effect that the daughter of the applicant was pregnant and was hospitalized by the applicant himself and died while giving birth to a child. It was natural death. The applicant to extract money from the opposite parties had filed application under Section 156(3) Cr.P.C. on false allegations. It is further submitted that the findings recorded by both the courts below are just and proper, there is no illegality in the impugned orders.
I have gone through the orders passed by both the courts below. Both the courts below had recorded the findings of fact to the effect that the applicant himself hospitalized his daughter in Government hospital, where she gave birth to a child and, thereafter, died during treatment. Findings of fact recorded by both the courts below are based on evidence and materials which are available on record and there is no illegality or irregularity in any manner. No ground for interference is made out.
Accordingly, application under Section 482 Cr.P.C. is dismissed.
Order Date :- 25.1.2021 S. Singh