KRISHNA NARAIN SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri R.B.S. Rathaur, learned counsel for the revisionist and Shri Sharad Dixit, learned AGA for the State respondent and also perused the record.

(2.) THIS criminal revision has been filed challenging the judgment and order dated 20.11.2013 passed by the learned Additional Sesisons Judge, Court No.1, District Rae Bareli in Sessions Trial No.19 of 2003 (State v. Bhagwan Kumar Awasthi and others) by which the filed by the revisionist under Section 319 Cr.P.C. for summoning Anubhav Awasthi (Jeth) and Radha Awasthi (Jethani) to face trial under Sections 498 -A, 304 -B IPC and Section 3/4 of the Dowry Prohibition Act has been rejected.

(3.) AS per factual matrix of the case, FIR was lodged by the revisionist on 21.9.2012, in Police Station Bachhrawan, District Rae Bareli, under Sections 498 -A, 304 -B IPC and Section 3/4 of the Dowry Prohibition Act against the in -laws of her deceased daughter. After completion of investigation, charge sheet was submitted excluding Anubhav Awasthi - opposite party no.2 and Smt. Radha Awasthi - opposite party no.3, who are Jeth and Jethani of the deceased. When trial commenced the revisionist moved an application for summoning opposite party nos.2 and 3 to face trial. The said application was rejected by the trial on the ground that though the revisionist has implicated opposite party nos.2 and 3, but in the absence of sufficient evidence against them, there is no need to summon them to face trial.