SOHANVEER SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal revision U/s 397/401 Cr.P.C. has been filed against the the order passed by the Additional Sessions Judge/Special Judge (POCSO-III), Amroha in Sessions Trial No. 296 of 2019 (State Vs. Sohanveer Singh) arising out of Case Crime No. 93 of 2018, under Sections 420, 406, 498-A, 307, 323, 504 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Didauli, District-Amroha, whereby discharge application filed by the revisionist under Section 227 I.P.C. has been rejected.

(2.) Heard Mr. Amit Kumar Srivastava, learned counsel for the revisionist, Mr. Amit Daga, learned counsel for opposite party no.2 and the learned A.G.A. for the State as well as perused the entire material available on record.

(3.) The facts, which are born out from the records of the present criminal revision are as follows: The marriage of Sameer Malik, son of the present revisionist, namely, Sohanveer Singh has been solemnized on 23rd November, 2010 with opposite party no.2, namely, Jyoti in accordance with Hindu Rites and Rituals. However, after some time, the relationship between the husband and wife became strained and incompatible due to which the opposite party no.2 has lodged first information report on 17th March, 2018, which has been registered as Case Crime No. 93 of 2018, under Sections 420, 406, 498-A, 307, 323, 504 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Didauli, District-Amroha against revisionist (father-in-law, Anupam Singh (mother-in-law), Sameer Malik (husband) and Shweta Malik (sister-in-law). After registration of the aforesaid first information report, the revisionist and other named accused persons had approached this Court by means of Criminal Misc. Writ Petition No. 9838 of 2018, wherein their arrest had been stayed till submission of the Police report by a Coordinate Bench of this Court vide order dated 18th April, 2018. After completing statutory investigation under Chapter XII Cr.P.C. the Police has submitted charge-sheet on 7th July, 2018 against the revisionist, his wife and son, namely, Anupam Singh and Sameer Malik respectively under Sections 420, 406, 498-A, 307, 323, 504 I.P.C. as also under Sections 3/4 D.P. Act, whereas the daughter of the revisionist, namely, Shweta Malik has been exonerated by the Investigating Officer. On the charge-sheet being submitted, cognizance was taken by the Chief Judicial Magistrate, Amroha vide order dated 19th September, 2018 and the case has been registered as Criminal Case No. 9086 of 2018 (State Vs. Sameer Malik & Others). Thereafter the revisionist has been granted bail by a Coordinate Bench of this Court vide order dated 18th February, 2019 passed in Criminal Misc. Bail Application No. 7104 of 2019. Thereafter the revisionist has filed a discharge application in Sessions Trial No. 296 of 2019, which has been rejected by the court below vide order dated 2nd September, 2020. It is against this order that the present criminal revision has been filed.