TMI Blog2007 (1) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... te, Hazaribagh, which was sent by the CJM under Section 156(3) Cr.P.C. to the Police directing it to register a case and investigate it. Accordingly, the Police instituted an FIR being Ramgarh P.S. Case No. 311/2001 under Sections 302, 201, 328 and 120-B IPC against the appellants. The allegation in the FIR in short was that the son of the informant Rajnish Kumar was married to accused Monika Mani (appellant No. 2 herein), and she had developed illicit relationship with the accused named in the FIR namely, Prabhat Kumar Srivastava. The accused Monika, daughter-in-law of the informant was in the habit of spending money unnecessarily and she used to put undue pressure on her husband for wasteful expenditure. The son of the informant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was filed under Section 482 Cr.P.C which was dismissed by the impugned order and hence this appeal. We have carefully perused the entire record placed before us and find that there is not even an iota of evidence or any material on record against the appellants. It is true that at this stage it is not necessary that the complainant or prosecution must prove its case beyond reasonable doubt, but at least there must be some material on the basis of which cognizance is taken and summon is issued. Cognizance cannot be taken merely on suspicion as has evidently been done in this case. The death certificate dated 12.10.2001 in respect of the deceased Rajnish Kumar was issued by the Medical Officer of Brindavan Hospital Resea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e guilt of the accused vide R.P. Kapur vs. State of Punjab (1960) 3 SCR 388, State of Haryana vs. Bhajan Lal (1992) Suppl (1) SCC 335, Janta Dal vs. H.S. Chowdhary (1992) 4 SCC 305, Raghubir Saran (Dr) vs. State of Bihar (1964) 2 SCR 336, State of Karnataka vs. M. Devendrappa (2002) 3 SCC 89 and Zandu Pharmaceutical Works Ltd. vs. Mohd. Saraful Haque (2005) 1 SCC 122. In the present case, there is not even an iota of material indicating the guilt of the accused persons. It is true that at the stage of taking cognizance adequacy of evidence will not be seen by the Court, but there has to be at least some material implicating the accused, and cognizance cannot be taken merely on the basis of suspicion as it appears to have been done ..... X X X X Extracts X X X X X X X X Extracts X X X X
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