SUBHASH CHANDER Vs. STATE

JUDGEMENT

(1.) The petitioner in this revision petition assails the order passed by Additional Sessions Judge, Delhi on 22nd Aug. 1988 whereby his application, raising legal objections in respect of the order of summoning of the petitioner, Subhash Chander, to face trial as an accused in the case, together with three others already committed to his court, passed on 23rd Sept. 1987, was dismissed.

(2.) The facts succinctly put are as under : Kusum, wife of the petitioner's elder brother Harish Chander, died by hanging herself from a ceiling fan on the night intervening 29th and 30th Aug. 1986 in the house of the accused persons. On the allegations that the deceased took this extreme step on account of constant harassment and maltreatment on the part of her husband, husband's brother (petitioner herein) and husband's parents, a case was registered on the basis of the statement of Kusum's father, Kamal Nain Sehgal, vide FIR No. 514 dated 30th August, 1986 at Police Station Punjabi Bagh, Delhi for offences under Ss.498-A/306 read with S.34 IPC.

(3.) After investigation, the police submitted final report to the Court but whereas the other three co-accused namely, Harish Chander and his parents : Smt. Sumitra Devi and Ram Saran Dass were sent up for trial; name of the petitioner was mentioned only in col. 2 of the report submitted u/s. 173 of the Criminal Procedure Code (for short 'the Code').