GILLI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner Smt. Gilli Devi against the respondents with the prayer to issue a writ, order or direction in the nature of certiorari for quashing the order dated 18.2.2012 passed by Sessions Judge, Allahabad in Misc. Case No.107 of 2012 (Santlal Vs. State of U.P. and others) under Sections 323, 504, 506, 498 -A IPC and 3/4 Dowry Prohibition Act as well as order dated 12.7.2011 passed by Additional Chief Judicial Magistrate, Room No.9, Allahabad in Case No. 1007 of 2010 (State Vs. Baccha Lal and Others).

(2.) THE brief facts of the case are as follows :

(3.) IT appears that the first information report was lodged on the basis of written report submitted by respondent no.2 Gita Devi on 23.8.1997 against the present petitioner and other co -accused stating that respondent no.2 was married with Baccha Lal. She was subjected to cruelty and harassment by her husband and her in -laws on account of demand of dowry. They beat her with lathi, danda, kicks and fists and also threatened her to kill. She sustained injuries. She approached the concerned police station on the same day, but no action was taken. Thereafter, she went to the P.H.C. concerned, but the doctor referred her to Beli Hospital for medical examation. Medical examination was done at Beli Hospital, Allahabad. Doctor also advised for x -ray. Annexing the injury report and x -ray report along with the application, prayer had been made to lodge the first information report and to take action against the accused -persons. It also appears that after investigation, police submitted charge -sheet only against Baccha Lal, Sant Lal, Ram Bahadur and Shanti Devi. The Magistrate concerned, after taking cognizance, proceeded to try the case after framing of the charge. Oral evidence of the prosecution witnesses was also recorded and after conclusion of the same, statements under Section 313 Cr.P.C. have also been recorded on 20.8.2014. As is evident from the record that an application under Section 319 Cr.P.C. was moved on 7.9.2010 by the informant with the prayer that Smt. Gilli Devi, named in the first information report as an accused, is also involved in the offence. All the witnesses examined before the Court have deposed against Smt. Gilli Devi involving her in the present offence, therefore, she be also summoned to face the trial. The Trial Court issued notice to the proposed accused and after hearing, vide order dated 12.7.2011, summoned the petitioner to face the trial. Petitioner, feeling aggrieved with the order dated 12.7.2011 passed by the Trial Court, approached before the Sessions Court. On 18.2.2012, misc. case filed by the petitioner was dismissed in the presence of the opposite party observing that petitioner was not present to press the matter. Thereafter, this writ petition has been filed with the prayer mentioned above.