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1960 Supreme(All) 41

J.N.TAKRU, M.C.DESAI
CHOTKAN – Appellant
Versus
STATE – Respondent


Advocates Appeared:
KISHAN PAL SINGH, R.B.Mishra, Syed Sadiq Ali

DESAI, J.

( 1 ) THIS is an appeal by special leave under Section 417 (3) Cr. P. C. , by a complainant from a judgment of an Additional Sessions Judge, Gorakh-pur, dismissing, on appeal, his complaint against the respondents for the offence of Section 500, I. P. C. , and acquitting them. The material facts are as follows: najmun Nisa, wife of Budhu respondent, obtained a decree for divorce from a Civil Court and budhu preferred an appeal. During the pendency of the appeal she lived with her parents in gorakh-pur. Chotkan appellant knew her parents and used to help them by lending money. On 8-4-1958 Budhu respondent filed a complaint under Section 498, I. P. C. , against Chotkan and others during the pendency of his appeal against the divorce decree. In the complaint he alleged that Najmun Nisa was enticed away by the appellant under her parents and brothers abetment and was detaining her in order to commit adultery with her. An inquiry under Section 202, Cr. P. C. , was held by a first class Magistrate, Sri Sajid AH, and budhu examined himself and Gobri and Ramzan respondents. Budhu in his deposition deposed that Najmun Nisas parents and brother made her over to the appellant for il
































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