Pankaj Naqvi, J. - (1.) Heard Sri P.N. Tripathi, learned counsel for the applicant, Sri Suneel Kumar 'Mishra', learned counsel for O.P. no.2 and Sri R.K. Maurya, the learned A.G.A.
(2.) This application under Section 482 CrPC challenges an order dated 3.11.2014 passed by Sessions Judge, Bhadohi, Gyanpur in Criminal Revision no. 62 of 2013, whereby the revision was allowed, the order of summoning dated 22.3.2013 was set aside and the learned Magistrate was directed to decide the protest afresh in accordance with law.
(3.) The applicant, lodged an F.I.R, as Case Crime no. 54 of 2011 under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Gopiganj, Bhadohi on 11.3.2011 against O.P.'s no.2 to 6 alleging that his daughter was married to O.P. no.1 as per Hindu rites in the year 2000, whose gauna was performed in 2005, in which considerable dowry was given to them, yet they always insisted for a four-wheeler and cash and in that connection not only extended life-threats, but also physically and mentally tortured the daughter, she bore the brunt under the expectation that eventually good sense would prevail, but unfortunately on 4.3.2011 at around 6:30 P.M, the daughter of the applicant was admitted as a burn patient at Swaroop Rani Hospital in serious condition, which information was received at midnight and upon hearing the said information, the applicant, who was at Nagpur came to Allahabad, but the daughter succumbed to the burn injuries on 9.3.2011. During investigation, the autopsy of the deceased was carried out and the cause of death was reported due to septicaemia shock. The autopsy indicates the following six injuries: - i. Superficial to deep burn injury present over head, neck, face, chest & abdomen upto umbilicus. Back upper part both upper limb except palm, and over part of both thigh, singering of h...... present, line of redness present. ii. A contusion 15X 04 cm on left side back, cut secition haemorrhage iii. A contusion 05 cm X 01 cm on left flank and cut section shows haemorrhage iv. Contusion 16 cm X 04 cm on right forearm cut section shows haemorrhage v. A stiched wound present on anterior aspect of elbow. 5 stiches present vi. A stiched wound present on right upper thigh. One stich present;