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2010 Supreme(Ori) 897

B.K.NAYAK
GOPI BEHERA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
P.K. Mishra, for the Appellant; Addl. Standing Counsel, for O.P. No. 1 and K.C. Dash, for O.P. No. 2, for the Respondent

JUDGMENT :

B.K. Nayak, J. - Order dated 26.3.2008 passed by the learned S.D.J.M., Paralakhemundi in G.R. Case No. 231 of 2006 framing charge against the Petitioners under Sections 498-A/109/34 of the IPC is the subject matter of challenge in this revision.

2. O.P. No. 2 lodged an FIR with the O.I.C., Paralakhemundi Police Station on the basis of which a case was registered on 14.9.2006 against the Petitioners Under Sections 498-A, 313, 109/34 of the IPC and Section 4 of the Dowry Prohibition Act. The allegations in the FIR, in a nutshell, are that O.P. No. 2 and Petitioner No. 1 Gopi Behera were in love with each other since six years prior to the lodging of the FIR and having promised to marry her Petitioner No. 1 had sexual relationship with O.P. No. 2 and she got pregnant, but at the instance of the Petitioner her pregnancy was aborted. It is further alleged that Petitioner No. 1 married O.P. No. 2 in a temple and kept her in a rented house in Hyderabad where they were living as husband and wife. It is further alleged that on the instigation of the in-laws of O.P. No. 2 (Petitioner Nos.2 to 4) her husband was treating her with cruelty and demanding dowry. Even after the marriage h

















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