Abhai Kumar, J. - (1.) This revision was preferred against the order dated 31.7.2014 passed by Additional Chief Judicial Magistrate/Civil Judge (S.D.), Kushi Nagar, Padrauna in Criminal Case No. 732 of 2010 (State Vs. Rakesh Dubey) by which the learned Magistrate has allowed the application of opposite party no. 2 moved under Section 319 Cr.P.C. for summoning the revisionists to face the trial under Section 498A IPC and 3/4 Dowry Prohibition Act, Police Station - Kasya, District Kushi Nagar.
(2.) Brief facts of the case are as follows: The opposite party no. 2 Smt. Shakuntala Devi was married to Rakesh Dubey in the year 2004 and since then she was residing with her husband, till she left the house of her husband. Revisionist No. 1 Ajay Dubey is the real brother of husband of opposite party no. 2 whereas Revisionist No. 2 Aarti Devi is married Nanad of opposite party no. 2 and was married earlier to the marriage of opposite party no. 2. Revisionist No. 3 Sonika @ Ragini Devi is also married Nanad of opposite party no. 2.
(3.) An FIR was lodged by opposite party no. 2 on 2.12.2009 in Case Crime No. 1005 of 2009 at Police Station - Kasya, District Kushi Nagar, under Section 498A IPC and 3/4 D.P. Act, whereby main allegations were made against the husband by the opposite party no. 2 whereas revisionists were casually referred in that and general allegation has been made against them.;