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1997 Supreme(Raj) 910

M.A.A.KHAN
Ramesh Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
K.N. Srimal for Petitioner S.M. Podar Public Prosecutor

Honble KHAN, J.–Notice was given to the learned Public Prosecutor.

(2). Since the persons arrayed as accused in the case were not summoned by the learned Magistrate as he had dismissed petitioners complaint U/s. 203 Cr.P.C. it was not considered necessary to issue notices to respondent Nos. 2 to 5.

(3). The relevant facts are that Kamlesh, the daughter of Ramesh Chand, complainant-petitioner, was married to Ram Babu, respondent No.5, R/o. Faridabad, Haryana, on 12.7.89. It was alleged that her husband and other in-laws harassed and treated Smt. Kamlesh with cruelty for demand of dowry and they turned her out in the year 1991 after giving her a beating. Kamlesh was got examined on 6.10.91 by the complainant-petitioner at Dholpur. It was further alleged that Kamlesh gave birth to a child also at Dholpur. Based on these facts the petitioner had filed a complaint in the court of the Magistrate at Dholpur. The learned Magistrate, however, dismissed such complaint u/S.203 Cr.P.C. and the dismissal order was upheld by the learned Addl. Sessions Judge, Dholpur in revision.

(4). Mr. K.N. Srimal, the learned counsel for the petitioner relied upon the Supreme Court decision in the case of Vanka





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