The order, dated 15-12-1994 passed by VHIth Additional Sessions Judge, Bulandshahr in Sessions trial No. 337 of 1989 under Section 498-A/304-B IPC rejecting the application of the applicant, who is the complainant in the case under Section 319 Cr. P. C. , to summon the opposite party No. 2 to stand trial with other accused for offences under Section 498-A, 304- B. , I. P. C. has been challenged in this revision.

2. I have heard Sri Apul Misra, learned counsel for the revisionist and Sri D. R. Choudhary learned counsel for op posite party No. 2.

3. The revisionist is a complainant of the case for offences under Section 498-A/304-B IPC and 3/4 Dowry Prohibition Act. The husband of the deceased and other relations are being tried before the VIII Additional Sessions Judge, Bulandshahr in S. T No. 337/89. The opposite party No. 2was also named in the F. I. R. He is the younger brother of the husband. However, the police did not submitted any charge- sheet against him. The statement of five witnesses of the incident have been recorded by the learned VIII Additional Sessions Judge, Bulandshahr. It is undisputed that they have stated that the opposite party No. 2 also made