Advocates:
['KISHORE GAURAV KULSHRESTH', '', 'SHARAD SHARMA', 'G A', '', 'MOHD IMRAN KHAN']

1

Reserved on: 8.9.2021

Delivered on:25.10.2021

Court No. - 38

Case :- CRIMINAL REVISION No. - 2319 of 2017

Revisionist :- Ramo Devi And 5 Others

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Kishore Gaurav Kulshresth,Sharad

Sharma

Counsel for Opposite Party :- G.A.,Mohd Imran Khan

Hon'ble Rajeev Misra,J.

1.

Heard Mr. Sharad Sharma along with Mr. Kishore Gaurav

Kulshresth, learned counsel for revisionists, learned A.G.A. for State and

Mr. Mohd. Imran Khan, learned counsel for first informant/opposite

party-2.

2.

Challenge in this criminal revision is to the order dated 20.5.2017,

passed by Chief Judicial Magistrate, Rampur in Criminal Case No. 1789

of 2015 (State Vs. Naresh Kumar) under sections 498A, 323, 506 IPC and

¾ D.P. Act, Police Station Tanda, District Rampur., whereby Court below

has allowed the application under section 319 Cr.P.C. filed by

prosecution. Consequently, revisionists have been summoned by court

below to face trial in aforementioned criminal case.

3.

Record shows that in respect of an incident which is alleged to have

occurred on 20.9.2013, first informant opposite party-2 Smt. Minakshi

lodged an F.I.R. dated 16.10.2013, which was registered as Case Crime

No. 644 of 2013 under sections 498A, 323, 506 IPC and ¾ D.P. Act,

Police Station Tanda, District Rampur. In the aforesaid F.I.R., eight

persons namely Naresh Kumar, Smt. Ramo Devi, Bool Chandra, Km.

2

Kamlesh, Mukesh, Smt. Rajesh, Smt. Munni Devi and Mukesh Kumar

have been nominated as named accused.

4.

In brief, as per prosecution story, as unfolded in aforementioned

F.I.R. it is alleged that marriage of first informant/opposite party-2 Smt.

Minakshi was solemnised with Naresh on 16.2.2010 in accordance with

Hindu Rites and Customs. Marriage of first informant/opposite party-2

was performed by parents of opposite party-2, as per their financial

capacity. It is also alleged that a sum of Rs. 10,00,000/- was spend in the

marriage of first informant/opposite party-2. It is further alleged that

husband of first informant/opposite party-2 and other in-laws were not

satisfied with the goods and dowry brought by opposite party-2 at the

time of her marriage. Additional demand of dowry to the tune of Rs. 1 Lac

and a four wheeler car were raised. As demand of additional dowry was

not fulfilled, physical and mental cruelty was committed upon first

informant opposite party-2.

5.

After registration of above mentioned F.I.R., Investigating Officer

proceeded with statutory investigation of concerned case crime number in

terms of Chapter-XII Cr.P.C. Investigating Officer examined first

informant and other witnesses who have supported the prosecution story

as unfolded in F.I.R. However, Investigating Officer on the basis of

material collected during course of investigation opined to submit a

charge sheet only against one of the named accused Naresh husband of

first informant/opposite party-2. Rest of the named accused were

exculpated on the ground that their complicity was not established in the

crime in question during course of investigation. Accordingly,

Investigating Officer, submitted charge sheet dated 31.8.2014, whereby

Naresh husband of first informant/opposite party-2 was charge sheeted

under sections 498, 323, 506 IPC and section ¾ D.P. Act.

6.

After submission of aforementioned charge sheet, cognizance was

taken upon same by Chief Judicial Magisrate, Rampur, vide Cognizance

Taking Order dated 11.3.2015. Resultantly Criminal Case No. 1789 of

3

2015 (State Vs. Naresh Kumar) under sections 498A, 323, 506 IPC and ¾

D.P. Act, Police Station Tanda, District Rampur came to be registered.

7. Trial commenced. Charges were framed against charge sheeted

accused, who denied the same and demanded trial. Consequently, burden

fell upon prosecution to bring home the charges so framed by leading

evidence. Prosecution in