RAGHAV Vs. STATE OF UTTAR PRADESH AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicant Raghav against State of U.P. and Smt. Geeta with prayer to quash summoning order dated 05.11.2019 passed by C.J.M., Mainpuri, in Complaint Case No. 231 of 2017, Smt. Geeta Devi Vs. Raghav and others, under Sections 304B I.P.C., P.S. Bichawa, district Mainpuri, as well as the order dated 24.2.2020 passed by Sessions Judge, Mainpuri, in Criminal Revision No. 03 of 2020, Raghav Vs. State of U.P. and another.

(3.) Learned counsel for the applicant argued that an application u/s 156(3) Cr.P.C. was filed by complainant and it was treated to be complaint case. Against this order dated 30.1.2017 the complaint filed Application u/s 482 No. 5870 of 2017, Smt. Geeta Devi Vs. State of U.P. and others, wherein proceeding was dismissed vide order dated 21.2.2017. Against this order dated 21.2.2017 the complainant filed and S.L.P. before the Hon'ble Supreme Court of India as Special Leave to Appeal (Crl.) No. 7381 of 2017, which was dismissed vide order dated 16.5.2018 with direction for dismissal of all pending applications. This order of Apex Court was concealed and impugned summoning order was got obtained. This was a proceeding initiated after three and half months of occurrence and it was not an unnatural death. Rather it was a death during treatment, wherein the deceased had delivered a child and then after some complications were developed for which she was referred to higher centre and while being taken to higher centre at Agra, she succumbed on the way, for which there is a certificate of Medical Officer concerned, wherein above medical complication has been mentioned. Complainant and her family members were present during last rituals that is why no report was ever made and after three months, this false complaint was filed by complainant. It is an abuse of process of law. Hence this application with above prayer.