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2011 Supreme(Raj) 2646

NISHA GUPTA
Pawan Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Vineet Jain, Advocate.
For the State: Anil Upadhyay, Public Prosecutor.

JUDGMENT

1. - The misc. petition under Section 482, Cr.P.C. has been filed against the order dated 23.6.2009 whereby the revisional Court has upheld the order passed by the Addl. Chief Judicial Magistrate, whereby charges have been framed against the present petitioners for the offences under Sections 498-A and 406 I.P.C.

2. The short facts of the case are Smt. Priyanka respondent No. 2 has lodged F.I.R. No. 23/2007 against husband and other relatives of the husband stating therein that the petitioners and others are harassing and ill-treating her in connection with demand of dowry and when she was pregnant in March, 2003, she was forced to abort the child after getting the sonography done, After investigation, charge-sheet has been filed against the present petitioners and others. Hence this misc. petition.

3. The main contention of the present petitioners is that the petitioners are living separately from the complainant and there is no evidence regarding demand of dowry or misappropriation of any stridhan. There is no specific evidence against the present petitioners that they, in any way, had treated the complainant with cruelty for demand of dowry and hence the present petitione








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