Vikas Pratap Singh And 5 Others v. The State Of U.P. And Another

Court No. - 18 Case :- CRIMINAL REVISION No. - 1425 of 2015

Revisionist :- Vikas Pratap Singh And 5 Others

Opposite Party :- The State Of U.P. And Another

Counsel for Revisionist :- J.P. Singh

Counsel for Opposite Party :- Govt.Advocate

Hon'ble Anjani Kumar Mishra,J.

Sri Hari Prakash Mishra has filed his vakalatnama and put in his appearance on behalf of the first informant, which is taken on record.

Heard learned counsel for the revisionists and the learned A.G.A. for the State.

This revision has been filed challenging the order dated 25.02.2015, passed by Additional Sessions Judge/F.T.C., Kasganj, in S.T. No. 295 of 2014 (State vs. Vikas Pratap Singh and others), arising out of case crime No. 449 of 2014, under sections 498A, 304B I.P.C., Police Station Kotwali Kasganj, district Kasganj, on the discharge application filed by the revisionists, whereby the discharge application was rejected.

The only submission of the learned counsel for the revisionists is that the deceased died in her father's home and not in her marital home.

Learned A.G.A., on the other hand, submitted that the death is within 7 years of the marriage and is an unnatural death. Even, if it is assumed that it is a case of suicide, the allegations against the revisionists regarding demand of dowry etc., would still bring the case within the purview of section 304-B I.P.C. and, therefore, the discharge application has rightly been rejected.

Upon consideration of the submissions made by the learned Neutral Citation No. - 2015:AHC:59964

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counsel for the parties, it is clear that it cannot be said that no offence is made out and, therefore, the discharge application has rightly been rejected.

Under the circumstances the impugned order dated 25.02.2015, suffers from no jurisdictional error, calling for interference by this Court.

The revision is, accordingly, dismissed.

Order Date :- 30.4.2015

HSM

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