K.N.Sinha, J. - (1.) Heard learned Counsel for the petitioner, learned A.G.A. and learned Counsel for the respondents.
(2.) The brief facts giving rise to present writ petition are that petitioner Smt. Supriya Tiwari was married to Jitendra Tiwari on 26.4.2001. The husband and other family members started harassing her for demand of dowry, hence she lodged a report under sections 323, 504, 506/498-A, IPC and section 3/4 Dowry Prohibition Act. The charge - sheet was submitted only against Jitendra Tiwari and Dhiraj Tiwari under sections 323/504/506, IPC only. During the course of trial, the petitioner was examined as P%V-1 wherein she stated that respondents No. 2, 3 and 4, Virendra Tiwari, Smt. Malti Tiwari and Smt. Suruchi Tiwari harassed her on account of demand of dowry on the basis of which an application under section 319, Cr.P.C. was moved for summoning them as accused. The Magistrate dismissed the said application and the revision against the same was also dismissed.
(3.) Section 319 Cr.P.C. runs as follows : "319. Power to proceed against other persons appearing to be guilty of offence.(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such per- son for the offence which he appears to have committed. (2) ....... (3) ....... (4)........ commence.";