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2009 Supreme(SC) 1221

R.M.LODHA, D.K.JAIN
Savitri Agarwal – Appellant
Versus
State Of Maharashtra – Respondent


Appearing Advocates:
For the Appellants:Uday Umesh Lalit, Sr. Advocate, Jemini Kasat, Gagan Sanghi, Rameshwar Prasad Goyal, Advocates.
For the Respondents:Shekhar Naphade, Sr. Advocate, Arun Agarwal, Nikhil Nayyar, T.V.S. Raghavendra Sreyas, Ambuj Agrawal, Ravindra Keshavrao Adsure, Advocate.

Judgment :-

D.K. Jain, J.

Leave granted.

2. Challenge in these two appeals is to the judgment and order dated 2nd July, 2008 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Applications No.250 and 2081 of 2008, whereby the said two applications filed by the State and the complainant respectively, have been allowed and the protection granted to the appellants by the Sessions Judge, Amravati vide order dated 18th December, 2007 in terms of Section 438 of the Code of Criminal Procedure, 1973 (for short `the Code) has been withdrawn. The appellants herein are the mother-in-law, father-in-law, husband and the younger brother of the father-in-law of the deceased-Laxmi. They are accused of having committed offences punishable under Sections 498A, 304-B read with Section 34 of the Indian Penal Code, 1860 (for short `the IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

3. Material facts, leading to the filing of these appeals, are as follows:

The deceased-Laxmi got married to appellant No.3 on 26th January, 2006. On 13th October, 2006, they were blessed with a baby boy. On 6th December, 2007 at about 4.30 p.m., appellant No.2 (father-in-law) is





































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