SEEMA GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) The rejection of an application under section 319 Crimial P.C. 1973 filed by the prosecutrix in a trial alleging offences punishable under sections 498-A and 323 Penal Code pending before the Judicial Magistrate First Class, Gwalior as Criminal Case No. 16079/2014 has impelled the prosecutrix to invoke inherent jurisdiction of this court under section 482 Crimial P.C. 1973

(2.) Learned counsel for petitioner submits that despite ample evidence of both sisters-in-law Jaya and Sheh Kirti coming on record in shape of testimony of the prosecutrix, PW-1 partially recorded on 5/10/2015 and 9/1/2019, the trial court has erred in law in rejecting the application under section 319 Crimial P.C. 1973 for arraying the said two sisters-in-law as accused in the trial.

(3.) After hearing learned counsel for the rival parties and having perused the allegations contained in the testimony of prosecutrix PW-1, it is evident that the allegations against both sisters-in-law are omnibus in nature and lacking in details regarding time, date and nature of the cruelty extended by the sisters-in-law. It appears that name of the sisters-in-law has been revealed by the prosecutrix to implead them merely because they are members of the family of the main accused, i.e., husband and mother-in-law (Surendra and Rani Gupta, respectively).