Final Order 8

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. SAVITRI, ADDITIONAL SESSIONS
JUDGE-02(NE), KARKARDOOMA COURTS, DELHI.
Crl. Revision No. 26/2023
Abhay Singh S/o. Sh. Ajay Kumar Singh
Aged about 36 years, R/o. Flat No.702,
E- Tower Aakriti Shanti Niketan Seventh
Floor, Sector-143, Noida Gautam Budh
Nagar, UP-201304
...Revisionist
Versus
State of NCT of Delhi
...Respondent
Date of assignment : 07.02.2023
Date of Arguments : 09.05.2023
Date of Pronouncement : 09.05.2023
ORDER
1. By way of this Order, I shall dispose of the Revision
Petition u/s. 397 Cr.P.C filed by the Revisionist. The Revisionist is
aggrieved by the order dated 06.01.2023 passed by Ld. Trial Court.
2. I have heard arguments on the present revision petition
from both the sides and have gone through the TCR.
3. The revision petition has been preferred by the
revisionist against the order dated 06.01.2023 passed by the Ld. MM
whereby the revisionist has been ordered to be summoned by the
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Ld.M.M in the present case which involved the offences under section
498A/304B/34 IPC and Section 4 of Dowry Prohibition Act.
4. There is no doubt about proposition, in the light of the
judgments relied by the respondent side, that the Ld. MM has the
power to summon an accused who has been put in column No.12 by
the IO in a sessions triable case but the justification for exercise of the
same is subject to judicial scrutiny. Ld. MM has observed in the
impugned order that there were two accused i.e revisionist Abhay
Singh and his girl friend Shweta, who were put in column No.12 by
the IO while filing of charge-sheet. It was mentioned in the charge-
sheet that no sufficient material has been found against either of them.
Further, both of them were residing separately at Noida and not in the
matrimonial house of the victim. IO has placed on record rent deed in
favour of the revisionist Abhay Singh, as per which he had been
residing separately at Noida since many months prior the incident in
question. The deceased who was wife of the younger brother of the
revisionist had committed suicide at matrimonial house in Delhi.
5. Perusal of the record shows that the allegations against
all the accused persons are similar. There is no material difference
between the allegations against Shweta on one hand and revisionist
Abhay Singh on the other hand. Of course, it is an admitted position
that Shweta being girl friend of Jeth of the victim cannot be called a
relative of the husband of the deceased but this can never imply that
every relative of the husband has to be summoned as an accused in a
dowry death matter without looking at the nature of allegations. Apart
from this relationship aspect, there is no material difference between
the allegations levelled against Shweta and Abhay Singh.
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6. Ld. MM has mentioned in his order that the name plate of the
matrimonial house mentioned the name of the revisionist. This cannot
be a ground to summon him in the present case. When a son starts
living separately from his parents, his name on the name plate may
still continue to be mentioned. There is no obligation upon any one to
dismantle the name plate or to remove his name by the family
members when he started residing separately. Rather, it looks very
much socially awkward in Indian circumstances. Merely because his
name is mentioned in the name plate of the parental house, cannot be a
good basis to summon him.
7. Therefore, in overall circumstances, in my view, there is
no justification to summon the revisionist as an accused. Accordingly,
impugned order dated 06.01.2023 passed by Ld. MM cannot be
sustained and the same is set aside. Revision petition is allowed.
8. TCR be sent back to Court concerned along-with copy
of this order for information and compliance.
9. Revision file be consigned to Record Room.
Announced in open court (SAVITRI)
today on 09.05.2023 Additional Sessions Judge-02
(NE): Karkardooma Courts, Delhi
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