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2014 Supreme(Raj) 160

MAHESH CHANDRA SHARMA
Sanjay Acharya – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Mahendra Goyal, for Petitioners;
Virendra Godara, P.P., for State;
Mahesh Gautam, for Respondent No.2

Hon'ble SHARMA, J.—This Cr. Misc. petition has been filed by the petitioners against the order dated 3.11.2006 passed by Sessions Judge, Kota in Cr. Revision Petition No. 144/2006, whereby the revision petition has been partly dismissed, which was filed against the order dated 19.6.2006 passed by trial court in Cr.Case No. 7/2005, whereby cognizance under Sections 498A and 406 IPC was taken against the accused petitioners.

2. Brief facts of the case are as under:

"Complainant-respondent No. 2 filed a complaint against the petitioners for the offence under Sections 498A and 406 IPC. In that complaint, it was mentioned that she was married on 15.4.2001 with Sanjay Acharya. After marriage, a baby "Hunny" was born on 14th March, 2002. On 6.11.2002, the complainant-respondent No. 2 went her parental house at Kota on certain family occasions, but did not return to her matrimonial home since then. On 15.9.2004, petitioner-husband Sanjay Acharya gave a notice to the complainant, in which it was mentioned either to join him or to take a divorce from him. On 5.12.2004, after receiving the aforesaid legal notice, the complainant lodged a false and concocted FIR against the petitioners including
























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