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2003 Supreme(Del) 316

R.C.CHOPRA
ASHA AHUJA – Appellant
Versus
RAJESH AHUJA – Respondent


Advocates Appeared:
B.L.VALI, NANDINI SAHNI

R. C. Chopra, J.

( 1 ) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code only) is directed against an order dated 3. 2. 2000 passed by learned Additional Sessions Judge, Delhi by which a Revision petition filed by the petitioner/complainant against an order dated 21. 10. 1997 passed by learned Metropolitan Magistrate discharging the accused under Section 498-A, IPC was dismissed.

( 2 ) THE petitioner/complainant had filed a complaint against respondents No. 1 to 4 on the basis of which FIR No. 252/1995 under Sections 498-A/406 IPC was registered at PS Rajouri Garden, New Delhi After investigations charge sheet under Section 173 of the Code was filed. Learned Metropolitan Magistrate declined to frame a charge against the respondents under Section 498-A of the ipc in view of the bar created by Section 468 of the Code as the FIR had been filed beyond a period of three years. However, charge under Section 406 IPC was ordered to be framed against respondents No. 1, 2 and 3. The petitioner/complainant filed a Revision which was dismissed by learned ASJ vide orders dated 3. 2. 2000. The learned ASJ upheld the order passed by learned M








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