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2018 Supreme(SC) 1707

RANJAN GOGOI, SANJAY KISHAN KAUL, K. M. JOSEPH
Md. Akram Siddiqui – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manish Kumar Saran, Mr. Anil Kr. Verma, Adv.
For the Respondent: Mr. Abhinav Mukerji, Ms. Bihu Sharma, Mr. Praveen Swarup, AOR

ORDER :

1. The accused-appellant not having succeeded in convincing the High Court that the criminal proceeding under Sections 498-A, 323 IPC and ¾ of the Dowry Prohibition Act instituted against him ought to be quashed has approached this Court by way of this appeal.

2. We have heard the learned counsels for the parties.

3. What would required to be taken notice for the purpose of adjudication of the issue raised is the fact that the complainant, who is the wife of the brother of the accused-appellant, had instituted an earlier complaint on 12.07.2005 on virtually the same allegations. In the said complaint though there is a bald reference to one brother of the husband who is alleged to have tortured and intimidated the complainant, the said person has not been named. The present accused-appellant had also not been named as an accused in the said complaint. Thereafter on 27.08.2005 the FIR out of which these proceedings have arisen was lodged impleading the accused-appellant as an accused. A reading of the aforesaid FIR would go to show that in substance the allegations made in the FIR are similar to those contained in the earlier complaint dated 12.07.2005 except for an incident tha

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