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1999 Supreme(All) 638

G.P.MATHUR
SHANKAR SAHU – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Petition dismissed

G. P. MATHUR, J.

( 1 ) THIS petition under Section 482 Cr. P. C. has been filed for quashing the order dated 21-5-84 passed by the learned Magistrate and the order dt. 31-8-85 passed by the learned Sessions Judge.


( 2 ) SHAYAM Narain Gupta opp. party No. 2 filed a criminal complaint against the applicant Shankar Sahu alleging that his sisters daughter Lal Mani was married to the accused applicant 11 years back. The applicant turned out Lal Mani from his house and kept her jewellery and clothes etc. Thereafter the applicant married Sheo Kumari Devi accused No. 5 on 30-6-82 though Smt. Lal Mani was still alive and her marriage with the applicant was also subsisting. It was thus alleged that the applicant had committed an offence under Section 494 IPC. After recording the statement of the complainant and of some witnesses under Section 200 and 202 Cr. P. C. the accused applicant was summoned to face trial. Thereafter the complainant led evidence under Section 244 Cr. P. C. and examined two witnesses namely Shayam Narain Gupta, P. W. 1 and Pattar, P. W. 2. At the stage of framing charge, a preliminary objection was raised on behalf of the accused applicant on the ground that complaint o









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