- (1.) Complaint case no. 17296 of 2015, (Surendra Raikwar Vs. Vimal Kashyap @ Ashok & 5 others) was filed for prosecution of proposed accused persons for offences u/ss 304-B, 147, 452, 323, 504 and 506 IPC. In said case the complainant had examined himself u/s 200 CrPC and two witnesses Bahgwati Raikwar and Neeraj Gupta u/s 202 CrPC. After considering those evidences the Chief Metropolitan Magistrate, Kanpur Nagar had passed order of cognizance and summoning dated 28.7.2016, by which all the six persons named in complaint were summoned for prosecution for offences u/ss 452, 323, 504 and 506 IPC. Out of those six persons, three accused namely Smt. Nandini Kashyap, Kapil Kashyap and Atul Kashyap have preferred present application u/s 482 CrPC challenging the proceeding of aforesaid complaint case and for quashing the same.
(2.) Learned counsel for the applicants contended that death of the victim Manju was due to ailment relating to gangrene, for which she was hospitalized, and in spite of proper treatment by the applicants, she died on 6.4.2015. In this matter, no post-mortem was conducted and there was no altercation between the parties before, at the time of or soon after death. His further submission is that in complaint case, false incident of 21.6.2015 was mentioned by the complainant (/opposite part no.-2), who is brother of victim Manju @ Soni. His further submission is that trial court had not properly appreciated evidences under Chapter XV CrPC and passed impugned order of summoning; therefore, proceeding of trial court should be quashed.
(3.) The learned AGA had opposed the contentions of applicants side and contended that the defence version of applicants may be considered at the time of defence evidence during the trial.;