- (1.) By this application under Section 482 Cr.P.C. the petitioner has prayed for quashing the order dated 5.10.2005 passed by Addl. Sessions Judge, Fast Track Court-II, Bokaro in Sessions Trial No. 82 of 2003 whereby he has allowed the application filed by the prosecution under Section 319 Cr.P.C. and summoned the petitioner and others to face trial under Section 302 I.P.C. and Section 3/4 of the Dowry Prohibition Act.
(2.) The informant, who is father of the deceased, lodged a first information report on 13.2.2002 alleging murder of his daughter by the accused persons. On the basis of F.I.R., a case was instituted and the Investigating Officer arrested the husband of the deceased and after investigation, submitted charge-sheet under Section 304-B/34 I.P.C. against the husband Rajesh Kumar Thakur only. So far other accused persons including petitioner are concerned, final form was submitted. The Sessions Court proceeded with the trial against one of the accused persons, namely, husband of the deceased and after the conclusion of the trial, learned Addl. Sessions Judge passed judgment convicting the accused-husband for the offence under Section 302 I.P.C. While convicting the accused-husband, the Addl. Sessions Judge also allowed the application filed by the prosecution under Section 319 Cr.P.C. and ordered for issuance of summons against ether accursed persons including the petitioner.
(3.) I have heard Mr. K.K. Singh, learned Counsel for the petitioner, and the learned A.P.P.;