YOGENDRA KUMAR SANGAL, J. - (1.) HEARD learned counsel for the applicants, learned AGA for the State and perused the record.
(2.) THIS is an application under Section 482 Cr.P.C., to set aside the order of summoning of the applicants for their trial in S.T. No. 278 of 2009 State vs. Dina Nath Shukla and others for the offences under Sections 498-A, 304-B IPC read with Dowry Prohibition, passed by Upper Session Judge/F.T.C. 3rd Basti, on the application under Section 319 Cr.P.C. submitted on behalf of the prosecution before the Trial Court. As per prosecution case a report was lodged against both the applicants and their Father, Mother and Brother, by father of the deceased for the offence under Section 498-A, 304-B IPC read with Section Dowry Prohibition Act with the allegations that they all have committed the offence of Dowry death by putting her on fire, as their demand of Rs. 25, 000/- and Jewellery was not being fulfilled by the informant and the deceased. ON this report, a case was registered. After investigation a Charge-sheet was submitted against the three accused Dinanath, Vinay Kumar and Smt. Lalmati, Sasur, husband and Mother-in-Law of the deceased respectively and both the applicants were let of by the Investigating Officer. After taking cognizance in the matter, learned Magistrate has committed the case to the court of Session where all the three persons were charged to face the trial. They have denied the case of the prosecution and pleaded no guilty. Trial of the accused persons was started in the court concerned. Statement of P.W. 1 Kripa Shanker, Father of the deceased was recorded and at length on behalf of the accused persons, he was cross-examined. At this stage an application under section 319 Cr.P.C. was moved on behalf of the prosecution with the averments that there is evidence on record that both the applicants who are real Sister of the husband of the deceased have also harassed and tortured the victim for non-fulfillment of the demand of dowry and she was also beaten by them and she was done to death by all the accused persons including the applicants for non-fulfillment of their demand of dowry. Giving opportunity of hearing to the parties, learned trial court was of the opinion that trial of both the applicants is necessary for the offence along with the accused persons of the case so orders were passed for summoning them. Aggrieved by this order, the instant Application under Section 482 Cr.P.C., has been filed.
(3.) THE main grounds for challenging the order of the trial court are that only to harass and pressurize with malafide intention, this application under Section 319 Cr.P.C., was moved. By a detail investigation the investigating Officer had not found their involvement in the matter. Applicant Mamta is minor, aged about 15 years and other applicant Smt. Geeta is a married lady, lives in another district. They were not going to be benefited in any manner with the alleged demand. Learned Session Judge has passed the impugned order, illegally, arbitrarily and without application of judicial mind. No specific role has been assigned to any of them in the occurrence. General allegations are there in the FIR and in the statement of the witnesses. Deceased was under depression because she was not having any issue and she had committed suicide.;