Decided on July 29,2013

AFTAB ALI Appellant
State of Uttarakhand and others Respondents


- (1.) Petitioner /accused has knocked the door of this Court by way of filing present petition under Section 482 Cr.P.C. assailing the order dated 13.03.2013 whereby application moved by accused petitioner to summon respondent nos. 3 to 5 father, brother and mother of deceased Anita Bala, as additional accused under Section 319 Cr.P.C., was rejected.
(2.) Brief facts of the present case, inter alia, are that father of Anita Bala got registered an FIR with police station Pant Nagar, District Udham Singh Nagar against petitioner, Nazma and Mehtab Ali under Section 363, 366, 376 IPC stating therein that Anita Bala went missing from her house since the morning of 25.07.2006; accused (present petitioner) used to phone him stating that either you got married your daughter with accused / petitioner, otherwise, he would kidnap his daughter to marry with her; when informant went to the house of accused /present petitioner in search of his daughter then mother and younger brother of the present petitioner threatened him either to marry Anita Bala with the present petitioner otherwise, she would be killed; dead body of Anita was recovered from a Hospital at Bandaun on 26.07.2006.
(3.) Having investigated the matter, charge-sheet was submitted against the present petitioner as well as Mohd. Umar. After examination of prosecution witness, statements of accused were recorded under Section 313 Cr.P.C., when trial was listed for final argument, an application was moved by the present petitioner under Section 319 Cr.P.C. to summon respondent nos. 3 to 5, as additional accused, stating therein that Anita Bal was in the company of respondent nos. 3 to 5 till 25.07.2006 and on the very next day, her dead body was recovered, therefore, it should be presumed that respondent nos. 3 to 5 have killed her and present case was of honour killing.;

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