Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 544 of 2019 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mayank Bhushan Nath Tripathi Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.
Present writ petition under Section 227 of the Constitution of India has been filed seeking quashing of the impugned order dated 30.11.2017 passed by Additional Sessions Judge, court no.17, Kanpur Nagar in Criminal Revision No.186 of 2017, Anil Kumar Vs. State of U.P. and others and order dated 12.06.2017 passed by C.M.M., Kanpur Nagar in Complaint Case no.6992 of 2017, under Section 203 Cr.P.C., P.S. Bidhanoo, District Kanpur Nagar.
Learned counsel for the petitioner submitted that daughter of the petitioner was married with Pawan Kumar on 01.07.2007 according to Hindu Rituals and Rites. The petitioner had given sufficient dowry but her husband and family of her husband were not satisfied with dowry. They demanded further Rs.50,000/- and a golden chain of two tolas. He was unable to fulfil the demand of dowry of in-laws of his daughter. Due to non-fulfilment of demand of dowry accused persons have committed murder of his daughter on 16.10.2010. When the petitioner came to know this fact, he had lodged an F.I.R., which was registered on 30.11.2010 as Case Crime no.480 of 2010, under Sections 498-A, 304-B and 201 I.P.C., P.S. Bidhanoo, District Kanpur Nagar. Investigation was done. After completion of investigation final report was submitted on 07.12.2010. Against the final report the petitioner filed a protest petition. The Magistrate vide his order dated 12.06.2017 treated the protest petition as complaint case.
He further submitted that without perusing the statements of the petitioner and other witnesses the Magistrate had passed the order dated 12.06.2017 by which he exonerated the respondents no.6 and 7 from all charges and respondent nos.2 to 5 were summoned under Sections 498-A I.P.C. and 3/4 of D.P.Act. Against the order dated 12.06.2017 the petitioner preferred a revision, that was also rejected by Additional Sessions Judge vide order dated 30.11.2017. The Additional Sessions Judge without applying judicious mind had wrongly affirmed the order of Magistrate dated 12.06.2017.
Learned A.G.A. conceded the arguments advanced by learned counsel for the petitioner and submitted that accused persons must be summoned under Section 304-B I.P.C.
From perusal of the records, impugned orders and other material available on record, it reflects that the daughter of the the petitioner died in the house of the accused persons. The death of the daughter of the petitioner was unnatural. The C.M.M., Kanpur Nagar passed the order dated 12.06.2017 without considering the contentions raised on behalf of the petitioner and erroneously summoned the accused persons under Sections 498-A and 3/4 of D.P.Act.
In view of the facts stated hereinabove, the instant petition deserves to be allowed.
Accordingly writ petition is allowed. The impugned order dated 30.11.2017 passed by Additional Sessions Judge, court no.17, Kanpur Nagar in Criminal Revision No.186 of 2017, Anil Kumar Vs. State of U.P. and others and order dated 12.06.2017 passed by C.M.M., Kanpur Nagar in Complaint Case no.6992 of 2017, under Section 203 Cr.P.C., P.S. Bidhanoo, District Kanpur Nagar are hereby set aside. The court below is directed to decide Complaint Case no.6992 of 2017, under Section 203 Cr.P.C. afresh after considering the contentions raised on behalf of the petitioner.
Order Date :- 25.1.2019 Asha