INDERDEV PRASAD SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 24.07.2017 passed by the High Court, whereby the High Court dismissed the petition filed by the appellants under Section 482 of the Code of Criminal Procedure.

(3.) The facts briefly stated are that the appellants are the parents-in-law and brother-in-law of the complainant/wife. The complainant/wife filed a complaint against her husband as well as the appellants under Section 498A and 406 of the Indian Penal Code. However, on investigation, no material was found against the appellants and they were kept in column 12 of the FIR. No charges were framed against them and they were not chargesheeted. Five years after the trial, on an application being filed by the complainant/wife and without any new material on record, they have been summoned. No doubt the Magistrate can summon persons not originally chargesheeted, but that can only be done when fresh material is brought on record. From the order it is clear that no fresh material was relied on.