SUSHIL KUMAR Vs. PRAVESH & ORS.

JUDGEMENT

(1.) The instant petition under Section 482 CrPC has been filed by the petitioner challenging the order dated 24th November, 2016 whereby Crl.Rev.P. 3/2016 filed by the petitioner has been dismissed as well the order dated 05th July, 2016 whereby while dismissing the application filed by the petitioner under Section 156(3) CrPC in Complaint Case No.45/1A/16, the petitioner was directed to lead pre-summoning evidence.

(2.) The petitioner herein is father of the deceased Nikita. He filed a complaint case against Parvesh Kumar (husband of deceased), Kasturi Devi, Shadi Ram (mother-in-law and father-in-law of deceased), Bhavna, Vipin (jethani and jeth of deceased) and Kominta and Rajnessh Kumar (nanad and nandoi of deceased) for summoning them as an accused for committing the offence punishable under Sections 498-A / 406 / 354 / 506 / 34 IPC.

(3.) The learned MM, vide order dated 5th July, 2016, directed the complainant to lead pre-summoning evidence observing that there was matrimonial dispute. The daughter of the complainant was murdered by SI Vijender who himself committed suicide for which separate FIR was registered. So far, the accusations made in the criminal complaint were concerned, in the opinion of the learned MM, the investigation by the police was not required and the complainant was directed to lead the pre-summoning evidence. It was also observed that if required later on, investigation may be directed under Section 202 Cr.P.C.