Barkat Ali Zaidi, J. - (1.) -A wife lodged a first information report against her husband, father-in-law, mother-in-law, husband's brother and two petitioners, who happen to be the wife of the husband's brother and the sister of the husband.
(2.) THE police after investigation, filed a charge-sheet (Crl. Case No. 1711 of 2003) in the Court of Judicial Magistrate, Hapur, district Ghaziabad. In the statement recorded under Section 161, Cr.P.C., the wife, her father and mother and other witnesses did not name the petitioners as the culprits and the Investigating Officer was, therefore, of the view that they should be exonerated but the higher police authorities asked him, to include the name of the two petitioners in the charge-sheet and, therefore, the Investigating Officer re-examined the complainant's wife Afsana, Opposite Party No. 2 (here) under Section 161, Cr.P.C., wherein, she named the two petitioners and thereafter a charge-sheet against the accused including the two petitioners was filed. The Investigating Officer made endorsement in the charge-sheet of this fact that the names of the two petitioners were included in the charge-sheet at the behest, of higher police officers, after re-examining the complainant wife. The petitioners have now come to this Court under Section 482, Cr.P.C. for getting their names scraped as an accused in the commission of the crime and for proceedings against them being terminated.
(3.) IT is important to notice that none of the witnesses including the complainant wife inculpated the two petitioners in their statements under Section 161, Cr.P.C. That is prima facie indicative of their non-involvement in the crime in question. For some unknown reasons, some higher police authorities asked the Investigating Officer to include the name of these two petitioners in the charge-sheet and for that purpose, the Investigating Officer re-examined the wife so that he could include the name of the two petitioners in the commission of crime, and thereafter, their names were included in the charge-sheet. The circumstance that initially the complainant wife also did not mention the names of two petitioners in her statement under Section 161, Cr.P.C. is very significant, and it was only in her subsequent statement, that, she mentioned their names, and she was so examined subsequently for this very purpose, and that is why, she took their names.;