Sandeep Rana And Another vs State Of U.P. And Another
2023 Latest Caselaw 5546 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 203 of 2015
 

 
Revisionist :- Sandeep Rana And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- M.I. Farooqui
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

List revised. None is present either for the revisionists or opposite party no.2. However, learned A.G.A.for the State is present.

This criminal revision is filed against impugned judgment and order dated 25.01.2012 passed by Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Case No.4415 of 2011 (New No. 7838 of 2014) (Smt. Neeraj Vs. Sandeep Rana and others) under Sections 498-A, 323, 504, 506 I.P.C.and 3/4 of Dowry Prohibition Act, Police Station Kavi Nagar, District Ghaziabad.

Opposite-party no.2, Smt.Neeraj alias Malishka filed a complaint alleging therein that her marriage was solemnized with Sandeep Rana on 11.07.2008 and dowry and gifts, according to the status, were given, but her husband Sandeep Rana and in-laws were not satisfied with dowry and they started demanding Rs. 4 lacs cash as additional dowry. When demand was not fulfilled, they started to abuse and torture the complainant. They also made an attempt to kill her by setting her on fire. The complainant examined herself under Section 200 Cr.P.C. and two witnesses under Section 202 Cr.P.C. Learned trial court, by the impugned order dated 25.01.2012, has summoned the revisionists-accused Sandeep Rana and Smt. Rashmi to face trial of the offence under Sections 498-A, 323, 504, 506 I.P.C.and 4 of Dowry Prohibition Act.

There are specific allegations of demand of dowry and torture against the revisionists-accused.The complainant is victim herself and she has corroborated the allegations of the complaint from her oral testimony. Two witnesses examined by her have also supported her testimony.

Learned trial court has narrated entire facts, evidence and other material available on record and recorded finding that there is sufficient ground to summon Sandeep Rana and Smt.Rashmi. It is settled principles of law that at this stage only a prima facie case is to be seen. There is no illegality in the impugned summoning order.

The revision is dismissed.

Let a copy of this order be communicated to the trial court concerned forthwith.

Order Date :- 20.2.2023

MN/-