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1999 Supreme(SC) 659

M.B.SHAH, K.T.THOMAS
Mary Angel – Appellant
Versus
State Of T. N. – Respondent


JUDGMENT

Shah, J.-Leave granted.

The question involved in this appeal is whether the High Court has jurisdiction to impose "exemplary cost of Rs. 10,000/-" to be paid by each of the appellants while rejecting a frivolous or vexatious petition under Section 482 of the Criminal Procedure Code for setting aside the charge framed against the appellant?

2. FIR was lodged by Josephine Jaya on 29th September, 1989 stating that her in-laws demanded from her father Rs. 60,000/- in cash, 65 sovereigns of gold jewellery for the bride and nine sovereigns or similar jewellery for the groom; that out of 60,000/- Rs. 50,000/- were paid; that after the marriage, she was treated cruelly and there were unlawful demands for a colour television and Rs. 50,000/- in cash. It is also alleged that at the instigation of in-laws accused Nos. 2 to 6, accused No. 1 (her husband) administered certain medicine with a view to abort her pregnancy. After preliminary investigation, on 18th October, 1989, a charge sheet was filed against A1 to A6 under Sections 498(A), 406, 420, 315 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act. The case was committed to the Sessions Court, Nagercoil and was numbered as Sessio































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