SAEEDA KHATOON ARSHI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises from a judgment of a learned Single Judge of the High Court of Judicature at Allahabad dated 12 April 2019. The High Court, while allowing an application filed by the second respondent under Section 482 of the Code of Criminal Procedure 1973 ( "CrPC "), set aside an order dated 29 January 2019 passed by the Additional District and Sessions Judge - Fast Track Court No 1, Moradabad, summoning the second respondent under Section 319 of the CrPC.

(2.) The appellant is the mother of Juhi Arshi who died in her matrimonial home during the early hours of 10 June 2017. The second respondent, who was the spouse of the deceased, is alleged to have been the only other occupant of the matrimonial home on the date of the incident. On 12 June 2017, the appellant claims to have moved a First Information Report ( "FIR ") at the Police Station Majhola, District Moradabad. According to the appellant, an FIR was eventually registered only on 14 June 2017 upon the intervention of higher officials. The contents of the FIR recorded that:

(3.) On 14 June 2017, Case Crime No 654 of 2017 was registered against an unknown person. Based on an application submitted by the applicant to the District Magistrate, Moradabad the body of her daughter was exhumed on 19 June 2017, and after an inquest proceeding, a post-mortem was carried out. However, the cause of death could not be ascertained as nine days had elapsed since the date of the death and the burial of the deceased. The post-mortem report recorded that: "Body is in advanced decomposition stage, skin peeled off, foul smell present, eyes bulging, tongue protruded, nails and ears loose, face bloated, abdomen distended, brain liquefied. "