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2007 Supreme(SC) 999

ARIJIT PASAYAT, D.K.JAIN
Iddar – Appellant
Versus
Aabida – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench dated 20.2.2006 passed under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) and order dated 2.3.2006 refusing to recall the said order i.e. 20.2.2006.

3.Background facts need to be noted in brief :

“On 17.2.2005 the elder sister of the complainant lodged a complaint before the police station alleging that she was married to one Shri Sakeel. After sometime, the family of the husband of her sister started demanding dowry and torturing her. When the complainant went to meet her sister, she saw several wounds on her person. It was stated that both sisters were beaten and the complainant was raped by her family members and friends of in-laws. First Information Report (in short the ‘FIR’) was lodged for alleged commission of offences punishable under Section 498A, 406 of the Indian Penal Code, 1860 in short the ‘IPC’). Since no case was found for alleged commission of offence punishable under Section 376 IPC, the said offence was not registered.”

4.Another complaint was lodged on 24.4.2005 in respect o














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