LAWS(ALL)-1994-1-50

RAJ KUMARI MISRA Vs. CHANDER ROSHNI DUBEY

Decided On January 27, 1994
RAJ KUMARI MISRA Appellant
V/S
CHANDER ROSHNI DUBEY Respondents

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 S. 319, Cr. P.C. This revision is being disposed of at the stage of admission.

(2.) According to the admitted facts, Smt. Raj Kumari Mishra had lodged report against seven persons including afore-mentioned three respondents 1 to 3 under Section 498-A, I.P.C. 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 leaving 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 there is evidence against the said respondents in the statements of Smt. 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 S. 319, Cr. P.C. Aggrieved by this order, the revisionist complainant has preferred this revision.

(3.) I have heard the learned Counsel for the parties and have perused the record of the case. Section 319, Cr. P.C. reads as follows: