BISMILLAH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Bismillah, against State of U.P. and Rahisunnisha, with a prayer for quashing of entire criminal proceeding, including summoning order, dated 12.11.2018, passed by Chief Judicial Magistrate, Sant Kabir Nagar, as well as proceeding, under Section 82 of Cr.P.C., in Complaint Case No. 6662 of 2015, (Rahisunnisha vs. Bismillah and others) under Sections 304B and 201 of IPC, Police Station- Mahuli, District-Sant Kabir Nagar.

(2.) Learned counsel for applicants argued that it was a case of death, while deceased was with her brother on her way to her parental house. Even after prohibition, she went with her brother and died on the way. There occurred a compromise, in between the parties, and she was buried, at burial of accused persons, but, subsequently, this false case was got registered, by way of a first information report, wherein, last conclusion was submission of the final report to which a protest petition was filed, which was treated as a complaint, wherein, the Magistrate made enquiry, by examining complainant, under Section 200 of Cr.P.C. and her witnesses, under Sections 202 of Cr.P.C., and, thenafter, this summoning order came to be passed, whereas, accusations, levelled against applicant, were not substantiated by evidence collected by the Investigating Officer. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer Learned AGA, representing State of U.P., has vehemently opposed this Application.

(3.) From very perusal of the impugned summoning order, it is apparent that the same is based upon the enquiry made by the Magistrate, wherein, statements, under Sections 200 and 202 of Cr.P.C., as of complainant, Rahisunnisa, and, her two witnesses, were got recorded by the Magistrate. This was not a summoning, on the basis of evidence collected by the Investigating Officer, whereas, final report was with apparent evidence that marriage was performed in the year 2008 and death was occurred in the year 2013. Neither matter was reported to the Police nor inquest or autopsy examination was got conducted. Deceased was said to be under treatment, but no document of treatment, substantiating cause of death, was there, and the Stridhan, given in the marriage, was not returned, as was compromised in between the parties. Magistrate took utter precaution and decided to make enuiry himself and no summoning order was passed on the basis of evidence, collected by the Investigating Officer. In the enquiry made by the Magistrate, matter was further substantiated by evidence of complainant and her two witnesses, examined, under Sections 200 and 202 of Cr.P.C. Hence, impugned summoning is based on that enquiry, made by the Magistrate, for which there is no illegality or irregularity.