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1999 Supreme(All) 844

B.K.SHARMA
SUMAN UPADHYAY – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Ravindra Nath Keshari, Sidharth Shukla, Yogesh Agarwal

B. K. SHARMA, J.


( 1 ) THIS revision has been preferred against the judgment and order dated 12-1-1994 passed by Sri D. C. Awasthi, the then II Additional Chief Judicial Magistrate, Bareilly in Criminal Case No. 1 of 1993 (Joyti Upadhyay v. Vinod Upadhyay and others) under Sections 498-A/406, I. P. C. and Sections 3/4 Dowry Prohibition Act, Police Station Prem Nagar, district Bareilly summoning the accused revisionists.

( 2 ) HEARD the learned counsel for the accused revisionists and the learned A. G. A.

( 3 ) THE facts, leading to this revision, are that Smt. Jyoti Upadhyay, complainant opposite party No. 3 in this revision, filed a complaint on 4-1-1993 before the II Additional Chief Judicial Magistrate, Bareilly against Vinod Upadhyay, Rama Shanker Updhayay, Bhanu Pratap Upadhyay, Smt. Indu Chaturvedi and Kamla Shanker Upadhyay, with the allegations that she was married to Vinod Upadhyay on 7-12-1989 at Bareilly according to Hindu rites that in the marriage, the father of the complainant had given Rs. 25,000. 00 in cash by way of draft, ornaments and other house hold effects valuing Rs. 1 lac by way of gift, that the suit case containing the ornaments and clothes had been handed








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