- (1.) HEARD Sri Jitendra Prasad Mishra, learned counsel for the applicants, Sri Sandeep Srivastava, learned counsel for the opposite party no.2, learned AGA for the State and perused the material on record.
(2.) THE applicants have filed the instant application under Section 482 Cr.P.C. impleading the State of U.P. and Smt. Asha Srivastava (complainant/victim) as opposite party nos.1 and 2, praying for quashing the order dated 9.2.2012 passed by the Additional Sessions Judge, Court No.5, Allahabad, in Criminal Appeal No.280 of 2010, Smt Asha Srivastava Vs. State of U.P and others whereby the preliminary objection raised by the (accused persons) applicants herein regarding maintainability of the instant criminal appeal against the judgment and order of acquittal has been rejected and it has been held that the victim lady (appellant) has a right to prefer an appeal. The relevant facts, briefly stated, for disposal of the application under Section 482 Cr.P.C. are that Smt. Asha Srivastava instituted a complaint against the applicants vide Complaint Case No.1282 of 2010 Smt. Asha Srivastava Vs. Ashok Srivastava and others, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Mutthiganj, District Allahabad, in the court of the Judicial Magistrate, Court No.1, Allahabad, alleging therein that she was married to Ashok Srivastava on 16.5.2003 and thereafter both of them started to live as husband and wife jointly with the remaining applicants. The opposite party no.2 is alleged to have been subjected to humiliation and beating for not bringing fridge, washing machine etc. in dowry. When she complained of this ill-treatment to her father, the applicants threatened to kill her asking to leave her matrimonial home. Ultimately, she was pulled out from her matrimonial home after beating by the applicants. It was after persuasion of the relatives of the lady, she was sent to her Sasural on 7.6.2003 but there was no change in the cruel behaviour of the applicants. She visited Police Station Civil Lines, Allahabad, apprising of the said incident but her complaint was not heard. Subsequently, she filed the complainant. The trial Court, after recording the statement of the complainant under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C. summoned the applicants under the aforesaid sections. Thereafter, the trial proceeded. The accused persons (applicants herein) have been acquitted of charge under Section 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, by the trial Court vide judgment and order dated 5.10.2010, after recording the evidence of the parties and hearing their learned counsel.
(3.) THE opposite party no.2 Smt. Asha Srivastava feeling aggrieved by the judgment and order of the acquittal dated 5.10.2010 challenged the same by way of filing Criminal Appeal No. 280 of 2010 Smt. Asha Srivastava Vs. State of U.P. and others before the Court of Session, Allahabad and the said appeal was admitted by the Court of Session vide order dated 24.11.2010. Therefore, learned counsel for the applicants raised preliminary objection before the Court of Session that the present appeal filed under Section 372 of Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.) was not maintainable as the appeal should have been filed under Section 378 (4) of Cr.P.C.;