ANIL & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Samit Gopal, learned counsel for the revisionists and learned A.G.A. for the State.

(2.) This criminal revision has been preferred to quash the order dated 26.04.2016 passed by the Additional Sessions Judge/Fast Track Court, Gautam Budh Nagar in Session Trial No. 332 of 2015 (State of U.P. vs. Lalit Mohan Poswal and Others), Case Crime No. 1219 of 2014, under Sections 498-A, 304-B, 302, 34 and 120-B IPC and Section of the Dowry Prohibition Act, Police Station Sector-24 Noida, District Gautam Budh Nagar. Further prayer has been made to stay further proceedings of the aforesaid case.

(3.) Submission of learned counsel for the revisionists is that the revisionists are the parents of the husband of the deceased (Krishna Kumari) and they were not present on the spot on the day of incident but were present in Delhi. Documentary evidence have been adduced before the Court concerned in this respect but the same were not considered while passing the order dated 26.04.2016. It was a fit case for discharge of the accused as there is no evidence against the revisionists to connect them with the present offence. Court concerned illegally rejected the prayer made by the revisionists and proceeded to frame the charges against the revisionists also. It was further argued that deceased has participated in a marriage ceremony few days earlier of her death and by that time no such complaint was noticed nor made. Thus the order passed by the Court below on 26.04.2016 suffers from illegality. Essential ingredients to constitute the offence under Section 304-B IPC against the revisionists also not made out.