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2003 Supreme(Jhk) 342

AMARESHWAR SAHAY
Firoza Khatoon – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

Amareshwar Sahay, J.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. In the present application, the petitioner has challenged the order dated 28-1-2003 passed by the Sub-Divisional Judicial Magistrate, Hazaribagh, whereby the petition filed by the petitioner before the trial Court for dispensing with their personal appearance in Court as envisaged under Section 205, Cr. P.C. has been rejected. The petitioners are accused in a case under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. The petitioners are said to be sisters of the husband of the complainant.

3. The learned Sub-Divisional Judicial Magistrate, Hazaribagh after taking cognizance on 4-1-2002 for the offences under Section 498A and Section 4 of Dowry Prohibition Act issued summons to the accused persons including the petitioners for their appearance in Court.

4. A petition under Section 205, Cr. P.C. was filed on behalf of the petitioners before the trial Court stating inter alia that the petitioner, namely, Firoza Khatoon lives in Mumbai, whereas the petitioner Afroza Khatoon lives at Chitarpur and both belong to Muslim Community and in that view of the ma







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