Section 319, CrPC, which envisages a discretionary power, empowers the court holding a trial to proceed against any person not shown or mentioned as an accused if it appears from the evidence that such person has committed a crime for which he ought to be tried together with the accused who is facing trial.

Any challenge against this decision before high court may not be entertained. 

You can challenge the case during trial proceedings 

You can file petition in HC for quashing of case against her 

take the plea that police has in charge sheet stated no evidence found against mother 

1. On the basis of lack of evidence  against respondent No. 2 file a discharge petition in the  trial court for mother.
2. You can file petition under Section 205 seeking permanent dispense of mother from appearing in Court.
3. In case of dismissal of both the petitions, you can approach High Court.

you can relay on directions issued by SC in Rajesh Sharma's case. 

Do u have copy of chargesheet ?

- The column No. 12 of Chargesheet is about the accused  against whom no evidence found during investigation.

- However, there may be his involvement in the offence , but the said accused cannot be arrested untill tangible collected against him.

- Since, the court has summon her , then her appearance is necessary before the court 

- She can file a discharge petition before the same court on the ground of Column 12

- If rejected , then approach the High Court for quashing the FIR and against the said dismissal order. 

You can go for quashing in HC.The section 12 is DV Act and not IPC

Dear client, you can an application in the High court under section 482 of Crpc for quashing the FIR on your mother. If the court finds no prima facie case and evidence against your mother then it will quash.

Hello,

Understanding the Scenario:

• It appears the police haven't included your mother in the chargesheet (Section 12) due to lack of evidence, but the judge has summoned her based on "specific allegations" from the opposing party's lawyer.

Possible Courses of Action:

1. Quash the Summon:

• You can file a petition in the High Court to quash the summons. This petition argues that there's no basis for summoning your mother as the police haven't included her in the chargesheet.
• Strong arguments can be made based on the police report and the lack of evidence against her.

1. Anticipatory Bail:

• Considering the seriousness of the charges (498a), you can explore filing an anticipatory bail application in the High Court. This would grant your mother bail if the police attempt to arrest her.

for more information, you can connect with me and of you are satisfied with the answer, kindly click on 5 star.

Regards,

Arunkumar Khedia

Advocate Bombay HighCourt

Challenge the summoning order and chargesheet and the entire proceedings, so far as they relate to your mother, in a quash petition before the High Court and seek co-coercive/stay orders for your mother.