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1993 Supreme(All) 78

D.K.TRIVEDI
ALI KISHWAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


D. K. TRIVEDI, J.

( 1 ) THE present revision bas been filed by the revisionists against the judgment and order dated 20-10-1992, passed by the Ist Addl. Chief Judicial Magistrate, Hardoi, by which he summoned the revisionists under Section 498-A I. P. C. end Section 3/4 of Dowry Prohibition Act. It is not disputed that Police has submitted charge-sheet against two of the persons namely, Ali Shabbar and All Mazhar, Police also submitted a final report against the two revisionists before the court concerned and on receipt of the same the complainant moved protest application and also filed affidavits of Binte Johra, Amir Raza, Shafiful Hasan and Shafiq Raider. The learned Magistrate, after considering the Police report as well as the affidavit filled by the witnesses, mentioned above, passed the impugned order, summoning the revisionists under Section 498-A I. P. C. and 3/4 of Dowry Prohibition Act. The main contention of the revisionists Counsel is that the learned court below committed an error in summoning the revisionists under Section 498-A I. P. C. and 3/4 of Dowry Prohibition Act, on the basis of affidavit filed by the witnesses. It is fettled law that upon receipt of the Poli




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