ANAMIKA @ NILU TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Jyotinjai Mishra, Senior Advocate assisted by Shri Kapil Misra and Satyendra Kumar Tiwari, learned counsel for the petitioners and Shri Anil Kumar Tripathi, learned counsel for opposite party no. 2 as well as learned AGA.

(2.) THE petitioners have assailed the order dated 27.7.2013, passed by the Chief Judicial Magistrate, Court No. 16, Sultanpur in Criminal Case No. 2715 of 2013, arising out of case crime No.464 of 2012, under Sections 498A and 304B IPC and Section 3/4 Dowry Prohibition Act (For short 'D.P.Act'), P.S. Gauriganj, District Amethi, whereby cognizance has been taken against the petitioners alongwith other accused persons under section 190(1)(b) of Cr.P.C. to face trial under sections 498A and 304B IPC and section 4 of D.P. Act and also the judgment and order dated 12.3.2014, passed by the Additional Sessions Judge, Court No.2, Sultanpur, in Criminal Revision No. 359/2013, whereby the revision against the summoning order dated 27.7.2013 has been dismissed.

(3.) THE brief facts for deciding this petition are that opposite party no.2, Jawahar Lal Dwivedi, the father of deceased (informant) lodged an FIR on 22.9.2012 with Police Station Gauriganj, District Amethi against the petitioners and two others with the averment that his daughter was married to one Alok Kumar Tiwari on 1.5.2007, according to the Hindu Rites and Customs. The opposite party no.2 had given a Maruti Car at the time of marriage but since the air conditioner was not fitted in the car, the petitioners and other co -accused persons were not satisfied and have been continuously treating the deceased with cruelty.