NISAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant No. 1 is the brother-in-law of Shakvin who met with an unnatural death in her matrimonial home on June 22, 1991. The appellant No. 2 is his wife. On the following day i.e. on June 23, 1991 Noor Mohammad, father of the deceased lodged a First Information Report alleging that her husband, grand mother-in-law and the two appellants were responsible for her death. On that information a case was registered under Sections 304 B and 306 of the Indian Penal Code (IPC for short) against all of them and on completion of investigation the police submitted charge-sheet under Section 306, IPC only against the deceaseds husband and grand mother-in-law. In due course the case was committed to the Court of Session by the Chief Judicial Magistrate, Orai (Magistrate for short) in accordance with Section 209 of the Criminal Procedure Code (Code for short).

(3.) When the matter came up for hearing before an Additional Sessions Judge of Orai, an application was moved on behalf of Noor Mohammad alleging that though during investigation sufficient materials were furnished to prove that the two appellants had also demanded a scooter as dowry and physically tortured and ill treated the deceased the Investigating agency did not submit charge sheet against them and praying for invoking the provisions of Section 193 of the Code to summon them. The application was opposed on behalf of the appellants on the ground that in absence of any order of their committal in accordance with Section 209 of the Code the Court of Session could not summon them in exercise of power under Section 193 of the Code.