YUVRAJ NAAG Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.K. Rastogi, learned counsel for the revisionist and Sri Anurag Verma, learned A.G.A. for the State.

(2.) The instant criminal revision has been has been filed by the present revisionist against order dtd. 24/2/2023, passed by learned Chief Judicial Magistrate, Sitapur, arising out of Case Crime No.0389/2022, under Sec. 306 I.P.C., Police Station Maanpur, District Sitapur, whereby learned Chief Judicial Magistrate, Sitapur summoned the present revisionist.

(3.) Brief facts of the instant case are that a first information report bearing Case Crime No.0389/2022 came to be lodged against six named accused persons including the present revisionist by the first informant, Vijay stating therein that his sister was married to accused Pinku @ Parmanand about 15 years ago and from their wedlock five children were born. It is also mentioned in the first information report that the sister of the first informant was being harassed continuasly by all six named accused persons including the present revisionist. Due to harassment meeted out by the named accused persons including the present revisionist, the sister of the first informant, Silpy is stated to have committed suicide on 29/11/2022 by hanging herself. Upon conclusion of investigation, a police report in the form of charge sheet came to be submitted against accused, Pinku @ Parmanand/husband of the deceased and Shiv Bhagwan only. The statements of first informant, Vijay, mother of the deceased, Smt. Kiran and another brother of deceased, Atul were recorded under Sec. 161 Cr.P.C., wherein they have stated that the accused, Shiv Bhagwan and present revisionist also harassed the victim/deceased and she was also assaulted by Shiv Bhagwan and the present revisionist. Thereafter, on the basis of aforesaid statements, vide impugned order dtd. 24/2/2023, learned C.J.M. Sitapur has took cognizance for the offence under Sec. 306 I.P.C. and summoned the present revisionist also including the other accused Pinku @ Parmanand and Shiv Bhagwan.