Gajram and Another vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Gajram and Another vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim stay imposed on the operation and implementation of the impugned order dated 7.2.2024 till the next date of listing on 7.3.2025; Opposite Party No. 2 directed to file a counter affidavit within six weeks; matter listed on 7.3.2025 in top ten cases. Final disposal of the revision deferred.

Issue for consideration

Whether the trial court's exercise of power under Section 319 Cr.P.C. summoning the revisionists (admittedly assigned a supporting role in the crime) to face trial for offences under Sections 498-A, 304-B, 302, 120-B I.P.C. and 3/4 D.P. Act is sustainable when, for identical charges founded on the testimonies of the identical witnesses recorded during the trial, the main accused Avnish @ Raja has already been acquitted in Sessions Trial No. 160 of 2020.

Court's answer

Prima facie, once for identical charges, on the basis of identical evidence, the main accused Avnish @ Raja has been acquitted, there is no occasion for the trial court to summon the present revisionists in exercise of its power under Section 319 Cr.P.C.; however, the Court records this as a prima facie view and states that the matter still requires consideration pending the counter affidavit.

Ratio / Principle

As an interim measure, the operation and implementation of the impugned order dated 7.2.2024 passed by the Special Judge P.O.C.S.O. Act/Additional Session Judge, Sambhal at Chandausi in Sessions Trial No. 160 of 2020 (the Section 319 Cr.P.C. summons to the revisionists) shall remain stayed till the next date of listing on 7.3.2025.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Manjive Shukla, J.), Criminal Revision No. 1245 of 2024, order dated 16.1.2025. Revisionists Gajram And Another challenge the order dated 7.2.2024 of the learned Special Judge P.O.C.S.O. Act/Additional Session Judge, Sambhal at Chandausi in Sessions Trial No. 160 of 2020 (State of U.P. Vs. Avnish @ Raja), whereby, exercising power under Section 319 Cr.P.C., the revisionists were summoned to face trial under Sections 498-A, 304-B, 302, 120-B I.P.C. and 3/4 D.P. Act, arising out of Case Crime No. 490 of 2020. Counsel submitted that the main accused, the husband of the deceased Avnish @ Raja, and the co-accused had already been acquitted vide judgment and order dated 14.5.2024 on the basis of the testimonies of the same witnesses relied upon in that trial, and that persons assigned merely a supporting role ought not be summoned on identical charges and identical evidence; counsel for Opposite Party No. 2 informed the Court that a criminal appeal against the acquittal judgment had been filed before this Court. Finding prima facie that once the main accused has been acquitted on identical charges and identical evidence there is no occasion for the trial court to summon the revisionists under Section 319 Cr.P.C., the Court directed Opposite Party No. 2 to file a counter affidavit within six weeks, fixed listing for 7.3.2025 (top ten cases), and ordered that the operation and implementation of the impugned order shall remain stayed till that date. Interim-stage order; final determination deferred.

Court No. - 81

Case :- CRIMINAL REVISION No. - 1245 of 2024

Revisionist :- Gajram And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Kumar Dubey Counsel for Opposite Party :- Ashvani Tripathi,G.A.

Hon'ble Manjive Shukla,J.

Heard Sri Sanjay Kumar Dubey, learned counsel appearing for the revisionists, learned A.G.A. for the State and Sri Ashvani Tripathi, learned counsel appearing for Opposite Party No. 2.

The instant revision has been filed challenging therein, the order dated 7.2.2024 passed by the learned Special Judge P.O.C.S.O. Act/Additional Session Judge, Sambhal at Chandausi in Sessions Trial No. 160 of 2020 (State of U.P. Vs. Avnish @ Raja) whereby, in exercise of power under Section 319 Cr.P.C., the revisionists have been summoned to face trial under Sections 498-A, 304-B, 302, 120-B I.P.C. and 3/4 D.P. Act.

Learned counsel appearing for the revisionists has submitted that a criminal case was registered as Case Crime No. 490 of 2020 under Sections 498-A, 304-B, 302, 120-B I.P.C. and 3/4 D.P. Act in which husband of the deceased namely Avnish @ Raja and other persons including the present revisionists were implicated as accused. It has further been submitted that the sessions trial against the main accused i.e. husband of the deceased, Avnish @ Raja i.e. the Sessions Trial No. 160 of 2020 had already been decided vide judgment and order dated 14.5.2024 passed by the learned Additional District and Sessions Judge Sambhal at Chandausi whereby Avnish @ Raja and other co-accused have been acquitted from the charges.

Learned counsel appearing for the revisionists has vehemently argued that on the basis of the testimonies of the same witnesses which were relied on in Sessions Trial No. 160 of 2020, wherein the main accused Avnish @ Raja had been exonerated, the trial court while exercising its power under Section 319 Cr.P.C. had summoned the revisionists to face the trial.

It has further been argued that once for identical charges, on identical evidence based on the testimonies of the identical witnesses recorded during the trial, the main accused had been

acquitted, there cannot be any occasion for the trial court to summon the revisionists, as admittedly they have been assigned supporting role in the crime in question.

Sri Ashvani Tripathi, learned counsel appearing for Opposite Party No. 2 has argued that so far as the judgment and order dated 14.5.2024 passed in Session Trial No. 160 of 2020 whereby main accused Avnish @ Raja had been acquitted, is concerned, the said order had been challenged by filing a criminal appeal before this Court.

I have considered the arguments advanced by the learned counsels appearing for the parties and prima-faice, I find that once for the identical charges on the basis of identical evidence, the main accused Avnish @ Raja had been acquitted, there is no occasion for the trial court to summon the present revisionists in exercise of its power under Section 319 Cr.P.C.

Matter requires consideration.

Let counter affidavit be filed by Opposite Party No. 2 within a period of six weeks.

List this matter on 7.3.2025, in top ten cases.

Till the next date of listing, the operation and implementation of the impugned order dated 7.2.2024 passed by the learned Special Judge P.O.C.S.O. Act/Additional Session Judge, Sambhal at Chandausi in Sessions Trial No. 160 of 2020 (State of U.P. Vs. Avnish @ Raja), shall remain stayed.

Order Date :- 16.1.2025 Gaurav

Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad