VIJAY SHANKAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of instant revision filed under Sec. 397/401 Cr.P.C., the revisionist has assailed the impugned order dtd. 11/5/2022 passed by the Ist Additional Sessions Judge Basti in Sessions Trial No. 35 of 2015 (State Vs. Ram Suresh and others)) under Sec. 306 IPC P.S. Paikoliya, District Basti. By the impugned order, the trial court has rejected the revisionist's application 52 (Kha) filed under Sec. 319 Cr.P.C. for summoning the opposite party no.2 to 4 as an accused for trial.

(2.) It is has been averred by learned counsel for the revisionist that the trial court has passed the impugned order against the weight of evidence on record and the without application of judicial mind, the order is illegal, improper and bad in the eye of law and it is liable to be quashed by this Court.

(3.) It has been submitted that the revisionist's sister Chandrakanti was subjected to dowry death for which, revisionist's father Mani Ram Verma lodged the First Information Report against Ramsuresh husband of her daughter, her mother-in-law Mewati Devi and opposite party nos. 2 Gopal (devar), opposite party no.3 Umesh (devar) and opposite party no.4 Chotelal (father) under Ss. - 498-A, 304-B and Sec. 3/4 of Dowry Prohibition Act. The Investigating Officer illegally expunged the names of the opposite party nos. 2 to 4 and filed a charge-sheet only against husband of the deceased Ramsuresh and her mother-in-law Mewati Devi under Sec. 306 IPC. During trial P.W.- 1 Mani Ram Verma and P.W.-2 Harish Chandra have deposed that apart from husband and mother-in-law the opposite party nos. 2 to 4 were also involved in the commission of murder of the revisionist's sister, therefore, revisionist moved an application under Sec. 319 Cr.P.C. against the opposite party nos. 2 to 4 for facing trial along with husband and mother-in-law of the deceased, thereafter, revisionist father Maniram Verma filed an application under Sec. 319 Cr.P.C. which was rejected vide its impugned order dtd. 11/5/2022 by the trial court without an application of judicial mind.