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Diru @ Diryav Kanwar vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Sec. 319–Penal Code, 1860–Secs. 304B/302, 498A & 406–Order of taking cognizance–Sustainability–Police filed FR against the petitioner after thorough investigation–Ten grounds were referred in it for exonerating the petitioner–Daughter of petitioner was married to brother of deceased and the deceaseds was married to son of petitioner–If there had been any cruelty or demand of dowry to the deceased, same treatment would have been given to daughter to petitioner–FIR was lodged after delay of nine days–Death was caused by axphyxia due to drowning in water and no antemortem injury was found on the body of deceased–No complaint was made by the complainant at the time of signing panchanama and other documents–No overt act of petitioner has been assigned–Court below committed error in allowing the application.