Case Facts:
Patna High Court Cr.Misc. No.25330 of 2010 (2) dt.09-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25330 of 2010 ====================================================== 1. NEELAM DEVI W/O NARAYAN SAH 2. PRAMOD SAH S/O NARAYAN SAH 3. NIRAJ KUMAR SAH S/O NARAYAN SAH ALL R/O VILLAGE- RUPASPUR KHAGAHA, P.S. DAMDAHA (MIRGUNJ), DISTRICT-PURNIA .... .... Petitioners Versus 1. THE STATE OF BIHAR 2. BHARAT BHUSHAN SAH S/O LATE DHODHAN SAH R/O VILL. & P.S. UDAKISANGUNJ, DISTT. MADHEPURA .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. For the Opposite Parties : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 09.02.2012 1. The present application has been filed for quashing the order dated 18.06.2009 passed by learned A.C.J.M., Purnia in connection with Dhamdaha (Mirguni) P.S. Case No. 67/2007 for the offence alleged under Sections 304(B)/498 (A)/34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act. 2. It appears that the victim lady Rupa Devi was found dead in her matrimonial home and it has been alleged that her in-laws had killed her. The complaint contains allegations of demand of Rs. 21,000/-, car, cow, etc. It appears that a U.D. Case No. 1/2007 dated 30.03.2007 had been instituted on the basis of the application filed by the brother of the deceased and the present complaint has been filed by the father of the deceased. Patna High Court Cr.Misc. No.25330 of 2010 (2) dt.09-02-2012 3. Learned counsel for the petitioner submits that prosecution of the present petitioners who are in-laws of the deceased lady other than the husband ought not to be allowed to continue in the present case as the final form has been submitted against the present petitioners and charge sheet was filed only against the husband in terms of [STATUTE] . 4. It is further stated that four months after the charge sheet was submitted a petition was filed in Janta Darbar by the informant for re-investigation of the case and in due course the police authorities moved the Court of the learned Magistrate for permission to carry out re-investigate the case, which was allowed. Pursuant to such re- investigation further charge sheet was submitted in which all the present petitioners along with the other family members were also charge sheeted. 5. Learned counsel for the petitioner, therefore submits that prosecution of the petitioners based on re- investigation is impermissible in law. In support of the proposition he relies on a decision 2010 (2) PLJR 888 (Jhotil Paswan Vs. State of Bihar & Ors.) 6. The mainplank of the petitioner’s contention is that the prosecution cannot be founded on a re- investigation carried on by the police. I find however that the foundational documents being referred to and relied upon by Patna High Court Cr.Misc. No.25330 of 2010 (2) dt.09-02-2012 the learned counsel by way of the petition filed before the Janta Darbar seeking re-investigation, the subsequent request by the police authorities and the pursuant permission granted by the Trial Court to carry out a re- investigation, have not been brought on record in support of what constitutes the primary contention of the petitioner. As such it is not known whether it is case of ‘re-investigation’ or ‘further investigation’, the latter being permissible under Section 173(8) Cr.P.C. 7. On the other hand, I find from the impugned order of cognizance that a prima facie case has been found against the petitioner after perusal of the supplementary charge sheet and case diary on the basis of which cognizance has been taken. 8. In the circumstances and considering the serious nature of the offences alleged against the petitioners, I find no illegality in the impugned order of cognizance and I am not inclined to interfere in the matter at this stage. 9. The petition accordingly stands dismissed. 10. The petitioners shall be at liberty to raise all points at the appropriate stage before the Trial Court. Fahad. ( Vikash Jain, J. )

Applicable IPC Section: 306

Statute Text:
Section 306 of the Indian Penal Code. Abetting the Commission of suicide. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.