ABDUL MUNEER Vs. MOINUDDIN

JUDGEMENT

(1.) THIS petition under Section 482 CrPC seeks the quashing of the summoning order dated 5th August 2002 passed by the learned Metropolitan Magistrate ('MM') in Criminal Complaint No. 12/1/6.6.94 under Section 302 read with 498A IPC and all proceedings consequent thereto.

(2.) THE aforementioned complaint was filed by the Respondent on 11th March 1993 alleging that the daughter of the complainant, who had been married to Petitioner No.1 Abdul Muneer on 14th January 1986 had died under mysterious circumstances on 22nd February 1990 and that she was given poison by the accused persons (the Petitioners herein). As part of the pre-summoning evidence of Ruby, the child born to Petitioner No.1 and the deceased, was recorded on 3rd February 1995. The other witnesses examined were Nargis (CW- 1), the mother of the deceased, Om Prakash (CW-3), Record Clerk from LNJP Hospital (where the deceased was stated to be admitted), Mirajuddin (CW-4), an uncle of the deceased, Jameela Begum (CW-5), the aunt of the deceased, Moinuddin (CW-6), the complainant, Mohd. Habib (CW-7), Mohd. Saleem (CW-8) and Shahida Begum (CW-9), a niece of the complainant.

(3.) AGGRIEVED by the aforementioned order, the Petitioners preferred Criminal Revision Petition No.39 of 2005 in the court of the learned Additional Sessions Judge (ASJ), Delhi. By a judgment dated 4th February 2006 the learned ASJ held that the Revision Petition cannot be entertained in view of the judgment of the Supreme Court in Adalat Prasad v. Roop Lal Jindal 113 (2002) DLT 356. Thereafter the present petition has been filed.