VISHNU CHANDRA GUPTA, J. - (1.) HEARD Shri Jyotinjai Mishra, Senior Advocate assisted by Shri Kapil Misra and Satyendra Kumar Tiwari, learned counsel for the petitioners and Shri Anil Kumar Tripathi, learned counsel for opposite party no. 2 as well as learned AGA.
(2.) THE petitioners have assailed the order dated 27.7.2013, passed by the Chief Judicial Magistrate, Court No. 16, Sultanpur in Criminal Case No. 2715 of 2013, arising out of case crime No.464 of 2012, under Sections 498A and 304B IPC and Section 3/4 Dowry Prohibition Act (For short 'D.P.Act'), P.S. Gauriganj, District Amethi, whereby cognizance has been taken against the petitioners alongwith other accused persons under section 190(1)(b) of Cr.P.C. to face trial under sections 498A and 304B IPC and section 4 of D.P. Act and also the judgment and order dated 12.3.2014, passed by the Additional Sessions Judge, Court No.2, Sultanpur, in Criminal Revision No. 359/2013, whereby the revision against the summoning order dated 27.7.2013 has been dismissed.
(3.) THE brief facts for deciding this petition are that opposite party no.2, Jawahar Lal Dwivedi, the father of deceased (informant) lodged an FIR on 22.9.2012 with Police Station Gauriganj, District Amethi against the petitioners and two others with the averment that his daughter was married to one Alok Kumar Tiwari on 1.5.2007, according to the Hindu Rites and Customs. The opposite party no.2 had given a Maruti Car at the time of marriage but since the air conditioner was not fitted in the car, the petitioners and other co -accused persons were not satisfied and have been continuously treating the deceased with cruelty. It was further stated in the FIR that on 20.9.2012 the petitioner no.2 took away the daughter of the opposite party no.2 and in the night of 21/22.9.2012 at about 12.30 a.m. co -accused Alok Kumar Tiwari informed the opposite party no.2 on phone that his daughter was serious. On receiving the aforesaid information the opposite party no.2 reached SGPGI, Munshiganj, District Amethi, where he found his daughter dead. It was also mentioned in the FIR that from the appearance of the dead body it appeared to be a case of dowry death. On the basis of the written FIR the police registered the case at case crime no. 464/2012 and proceeded with the investigation. After the inquest the body of the deceased was sent for postmortem and after the detailed investigation the police submitted final report. From the perusal of the record it reflects that the investigation was conducted by several Circle Officers but ultimately the investigation concluded by submission of final report.;