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2007 Supreme(SC) 956

ARIJIT PASAYAT, C.K.THAKKER, LOKESHWAR SINGH PANTA
Manjula Sinha – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Appellant calls in question legality of the order passed by a Division Bench of the Allahabad High Court dismissing petition filed for quashing the First Information Report (in short the FIR) dated 30th April, 2005 registered as Crime No. 124 of 2005 for alleged commission of offences punishable under Section 498 A and 406 of the Indian Penal Code, (in short the IPC) in Police Station in Sector 39, Noida, District Goutam Budha Nagar.

3. On the basis of complaint filed, proceedings were initiated. The legality of proceedings was questioned before the High Court by a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.). The main stand before the High Court was that even on a bare reading of the FIR, it is clear that alleged commission of offence was not made out so far as the appellant is concerned.

4. The High Court found that the application was to be rejected as no ground was made out for quashing the proceedings. It however directed that the appellant shall not be arrested till submission of the police report. Further condition was stipulated that the appellant has to pay Rs.1000/- per













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