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R.D.KHARE
Vijay Shankar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Parties:
For the Applicants:Mr. G.S. Hajela, Advocate.
For the Respondent:Mr. Satya Prakash Srivastava, Advocate and A.G.A.

JUDGMENT

R.D. Khare, J.—Heard learned counsel for the applicants, Mr. Satya Prakash Srivastava, learned counsel appearing for the opposite party No. 2 and learned A.G.A. for the State respondent.

2. The present 482, Cr.P.C. application has been filed for quashing the order dated 9.1.2009 passed by Chief Judicial Magistrate, Allahabad in case No. 73 of 2009 (Case Crime No.198 of 2004), P.S. Kaundhiara, District Allahabad, whereby final report has been rejected and applicants have been summoned to face trial under Section 302, IPC.

3. Learned counsel for the applicants has submitted that the applicant No.1 had lodged a first information report on 9.8.2004 under Section 304B, IPC, pertaining to the dowry death of his daughter, Mamta, copy of which has been filed as Annexure 1 to the affidavit. It is further submitted that as the news of murder of Mamta spread, Krishna Pratap Singh, husband of Mamta, committed suicide on 2.8.2004. Taking advantage of the situation, opposite party No.2, lodged a first information report against the applicants under Section 306, IPC, after 18 days of the alleged incident, to put pressure upon the applicants not to depose against opposite party No. 2 and

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