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1990 Supreme(All) 214

PALOK BASU
MEERA GUPTA – Appellant
Versus
KANCHAN GUPTA – Respondent


Advocates Appeared:
AMIT KUMAR, Pradip Verma, R.B.SAHAI, R.P.SINGH

PALOK BASU, J, J.

( 1 ) THREE questions of importance have arisen in the instant petition under Section 482, Cr. P. C. Has Section 498-A, I. P. C. been repealed from the Indian Penal Code and can not be enforced because of the coming into force of Repealing and Amending Act of 1988 (Act No. 19 of 1988)?

( 2 ) CAN Section 187, Cr. P. C. be applied if in one district a complaint against sixteen accused is pending while in another district a police challenged case against ten of those accused is pending regarding same offences?

( 3 ) IF the answer to the second question is in the affirmative, are the provisions of Section 210, Cr. P. C. applicable? This petition under Section 482, Cr. P. C. has been filed by Meera Gupta (describing herself as miss) and her father Kishan Lal Gupta alias Aspatali Gupta, praying that Criminal Case No. 1134/89, arising out of the First Information Report dated 25-3-1988, lodged by Smt. Kanchan Gupta under Section 498n494, I. P. C. of P. S. Kotwali, Fatehpur, be quashed on the ground that in the Court of Chief Judicial Magistrate, Sultanpur Smt. Kanchan Gupta his initiated complaint Case No. 747/88 against sixteen accused, all of whom have been summoned under















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