KM SEEMA Vs. STATE OF U P

JUDGEMENT

(1.) -A wife lodged a first information report against her husband, father-in-law, mother-in-law, husband's brother and two petitioners, who happen to be the wife of the husband's brother and the sister of the husband.

(2.) THE police after investigation, filed a charge-sheet (Crl. Case No. 1711 of 2003) in the Court of Judicial Magistrate, Hapur, district Ghaziabad.

(3.) IT is important to notice that none of the witnesses including the complainant wife inculpated the two petitioners in their statements under Section 161, Cr.P.C. That is prima facie indicative of their non-involvement in the crime in question. For some unknown reasons, some higher police authorities asked the Investigating Officer to include the name of these two petitioners in the charge-sheet and for that purpose, the Investigating Officer re-examined the wife so that he could include the name of the two petitioners in the commission of crime, and thereafter, their names were included in the charge-sheet.