(J. Chelameswar, Prafulla C. Pant and S. Abdul Nazeer, JJ.)
Archana Mishra ____________________________________ Appellant;
v.
State of U.P. and Others __________________________ Respondent(s).
Criminal Appeal No. 1524 of 2017 [Arising Out of SLP (Crl.) No. 2207 of 2016], decided on August 28, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal is directed against the order dated 17.02.2016, whereby the High Court of Allahabad has dismissed the Criminal Revision No. 2847 of 2015 filed by the appellant challenging the order passed by the Additional Sessions Judge, Deoria, who had summoned her for the offence punishable under Sections 498A, 304B I.P.C read with Sections 3 and 4 of D.P. Act.
3. The appellant was married to the younger brother of the husband of the deceased, on 08.06.2009, nearly four years after the marriage of the deceased. The incident had taken place on 26.10.2011 and on the same date FIR was lodged by the father of the deceased, in which the appellant was named as one of the accused. After the investigation no evidence was found against her and her name was not included in the chargesheet. In the final report dated 16.11.2011, the IO has clearly stated that the appellant was at her parental house at the time of the incident. During the course of the evidence PW1(father of the deceased), on 19.07.2013, after a passage of about two and a half years from the date of filing of chargesheet, stated that his daughter had disclosed that her husband, father-in-law, devar, devrani and nanad gave her beating and abused her. Thereafter, the prosecution moved an application to summon the appellant and two other persons under Section 319 of the CrPC.
4. Having heard learned counsel for the parties, we are of the view that the evidence produced does not show the involvement of the appellant in the offences. Therefore, the Additional Sessions Judge was not justified in summoning the appellant. The High Court was also not justified in dismissing the revision. Hence, the appeal is allowed. The order of the High Court in Criminal Revision No. 2847 of 2015 dated 17.02.2016 is set aside. Similarly, the order of the Additional Sessions Judge dated 10.06.2015 in S.T. No. 192 of 2012 is also set aside.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2207/2016
Archana Mishra ____________________________________ Appellant
v.
State of U.P. and Others __________________________ Respondent(s)
Date: 28-08-2017 This petition was called on for hearing today.
(Before J. Chelameswar, Prafulla C. Pant and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. R.K. Kapoor, Adv.
Ms. Kheyali, Adv.
Mr. Rajat Kapoor, Adv.
Ms. Shweta Kapoor, Adv.
Mr. Anis Ahmed Khan, AOR
For Respondent(s) Ms. Charu Singhal, Adv.
State of UP Mr. Ankur Prakash, Adv.
Ms. Alka Sinha, Adv.
Mr. Anuvrat Sharma, Adv.
Mr. M. R. Shamshad, AOR
Mr. T. N. Singh, AOR
Mr. Vikas K. Singh, Adv.
Mr. Umang Tripathi, Adv.
UPON hearing the counsel the Court made the following
ORDER
5. Leave granted.
6. The appeal is allowed in terms of the signed order.
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