Court No. - 49
Case :- CRIMINAL REVISION No. - 2184 of 1998 Revisionist :- State Of U.P.
Opposite Party :- Km. Asha Counsel for Revisionist :- A.K. Mishra Counsel for Opposite Party :- A.G.A.
Hon'ble Harsh Kumar,J.
The State has filed the present criminal revision against the order dated 17.3.1998 passed by learned Additional Sessions Judge-V, Bulandshahr in Sessions Trial No. 673 of 1997 (State vs. Daya and others).
Heard learned Additional Government Advocate and perused the record.
Upon hearing learned Additional Government Advocate, I find that by the order dated 17.3.1998, the learned Additional Sessions Judge, Bulandshahr has rejected the application of ADGC (Crl.) under Section 319 Cr.P.C. for summoning Km. Asha D/o Mahendra, who was named in the first information report and whose name also find place in statement of witness under Section 161 Cr.P.C.; though it has not been stated as to what was the relation of Km. Asha with the deceased in this case under Section 304-B IPC, but from the material on record it appears that she would have been unmarried Nand of the deceased. In this dowry death case and during last twenty years of pendency of revision, the above unmarried Nand would have got married and must be having children about the same age when she was at the time of passing of impugned order. It is also noteworthy that since filing of the revision no interim order staying the proceedings of court below was ever passed and the possibility of final disposal of sessions trial under Section 304-B IPC against charge sheeted accused cannot be ruled out. It is also pertinent to mention here that court below has rightly found that there is no sufficient ground for summoning Km. Asha and learned Additional Government Advocate has also failed to show any illegality, irregularity or incorrectness in the impugned order and there is no sufficient ground for interfering with or setting aside the impugned order. The revision has no force and is liable to be dismissed.
Accordingly, the revision is dismissed.
Order Date :- 24.3.2018 Sumaira