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2017 Supreme(Raj) 2008

PRADEEP NANDRAJOG
State of Rajasthan – Appellant
Versus
Mumtaz Ali – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr. J.P. Bhardwaj

ORDER :

Pradeep Nandrajog, J.

As per the statement made by the complainant alleging dowry harassment she stated that 10-12 years before the date when she approached the Police Authorities she had returned to her parental house. On the basis of the statement FIR for an offence punishable under Section 498A IPC was registered.

2. With reference to Section 468 Cr.P.C., 1973 the learned Magistrate has rightly returned the finding that it was a case where limitation came in the way. The learned Magistrate has refused to take cognizance.

3. I have perused the statement of the complainant. As per her statement she had left the house of her in laws 10-12 years back.

4. In the revision petition it is stated that the offence punishable under Section 498A IPC is continuous offence.

5. It is not so.

6. I have perused the statement made by the lady. She does not talk of any illegal detention of her property. On her statement no offence is made out under Section 406 IPC.

7. The petition is dismissed.


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