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2005 Supreme(Raj) 2248

SATYA PRAKASH PATHAK
Gopal Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Rajesh Panwar, for the Petitioners. Mr. L.R. Upadhyay, Public Prosecutor Mr. Shyam Ladrecha, for the complainant Respondent No.2.

Judgment

S.P. Pathak, J.-This revision petition filed under Section 397 read with Section 401 CrPC, has been directed against the order dated 07.08.2003 passed by learned Judicial Magistrate, Jr. Division, 1st Class, Bikaner in Case No.604/2002 taking cognizance against the petitioners under Section 498A and 406 IPC.

2. The brief facts of the case giving rise to this petition are that complainant respondent No.2 filed a complaint inter-alia stating that her marriage was solemnized as per hindu customs & rituals on 21.02.1997 with petitioner No.1 Gopal Sharma and her parents gave her sufficient ornaments and dowry but after some time of the marriage the petitioners started demanding more dowry and harassing her. To fulfil their demands, her father gave Rs.30,000/-to them but despite that they did not satisfy and started harassing her more & more and even gave beatings but she tolerated. It was also stated that on 112.1998 her husband Gopal Sharma, Omprakash, Sitaram and Radheyshyam threatened her that either she should bring 2 lac rupees or seek divorce else they would kill her by burning etc.

3. FIR No. 44/2000 was registered at Police Station Napasar and after investigation the po















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