Before :- Deepak Gupta and Surya Kant, JJ.
Criminal Appeal No. 1534 of 2019 (Arising out of SLP (Criminal) No. 7585 of 2017). D/d. 4.10.2019.
Inderdev Prasad Singh & Ors. - Appellants
Versus
State (GNCT of Delhi) & Anr. - Respondents
For the Appellants :- Mr. R.K. Singh, Mrs. Neeraj Singh, Mr. Kumar Gaurav, Ms. Ritu Reniwal, Mr. P. Dayal, Mr. Ajay Chaudhary and Mr. Rameshwar Prasad Goyal, Advocates.
For the Respondents :- Mr. Aishwarya Bhati, Sr. Advocate with Ms. Ruchi Kohli, Mr. Nachiketa Joshi, Ms. Celeste Agarwal, Ms. Chitrangda R., Ms. Kirti, Ms. Srishti Mishra and Mr. B.V. Balram Das, Advocates.
ORDER
Leave granted.
2. This appeal is directed against the order dated 24.07.2017 passed by the High Court, whereby the High Court dismissed the petition filed by the appellants under Section 482 of the Code of Criminal Procedure .
3. The facts briefly stated are that the appellants are the parents-in-law and brother-in-law of the complainant/wife. The complainant/wife filed a complaint against her husband as well as the appellants under Sections 498A and 406 of the Indian Penal Code. However, on investigation, no material was found against the appellants and they were kept in column 12 of the FIR. No charges were framed against them and they were not charge-sheeted. Five years after the trial, on an application being filed by the complainant/wife and without any new material on record, they have been summoned. No doubt the Magistrate can summon persons not originally charge-sheeted, but that can only be done when fresh material is brought on record. From the order it is clear that no fresh material was relied on.
4. Hence, we allow the appeal, set aside the order of the High Court and the Trial Court and quash the summoning order.