KUMARI MISRA Vs. CHANDER ROSHNI DUBEY /OPPOSITE PARTY

JUDGEMENT

(1.) THIS revision is directed against the order dated 28.11.1988 of the Chief Judicial Magistrate, Allahabad, refusing to summon Smt. Chander Roshni Dubey, Smt. Arti Dubey and Km. Anju Dubey, respondents 1 to 3 under Section 319 Cr.P.C.

(2.) THIS revision is being disposed of at the stage of admission.

(3.) ACCORDING to the admitted facts. Smt. Raj Kumar Mishra had lodged report against seven persons including afore -mentioned three respondents 1 to 3 under Section 498A TPC and Section 4 of the Prevention of Dowry Act. The Investigating Officer submitted final report against the aforementioned three respondents, and submitted charge sheet only against four accused persons lowing respondents 1 to 3. An application was made by the prosecution for summoning the aforementioned respondents 1 to 3 under Section 319 Cr. P.C. on the ground that three is evidence against the said respondents in the statements of Smt. Raj Kumari Mishra, P.W. 1 and Smt. Shobha Devi, P.W. 2. This application was opposed by the accused. The learned Magistrate after considering the evidence refused to summon respondents 1 to 3 under Section 319 Cr. P.C. Aggrieved by this order, the revisionist complainant has preferred this revision.