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2006 Supreme(All) 100

BHANWAR SINGH, J.M.PALIWAL
DHARM RAJ YADAV – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Jagdish Singh, L.P. Mishra, Kapil Deo and Satyendra Singh for the Appellants; Rajiv Pandey, Bhupendra Singh, Brij Mohan Sahai and Janardan Singh, A.G.A. for the Respondents.

JUDGMENT

By the Court.—This writ petition has been filed by Sanjeev Kumar Yadav, an Officer of Indian Revenue Service, posted as Assistant Income-tax Commissioner, Moradabad and his eleven family members. All these petitioners have challenged the First Information Report of 11th January, 2005, whereupon a case was registered as Case Crime No. 14 of 2005 under Sections 497/498-A/323/504 and 506 read with 511, I.P.C. and 3/4 Dowry Prohibition Act. This F.I.R. was sought to be quashed on the ground of being per se illegal, mala fide and based on concocted facts. During the pendency of petition, charge-sheet dated February 21, 2005 had been filed in a hurried manner as alleged and since mala fide has been attributed to the Investigating Officer as also the first informant and the latter’s father, it is also sought to be quashed alongwith the criminal proceedings initiated thereupon. After that, another charge-sheet dated October 25, 2005 has also been filed against all the petitioners. The main dispute subsists between the husband, namely, Sanjeev Kumar Yadav, the petitioner No. 6 and his wife Smt. Deepti Yadav, the informant.

2. Shortly stated the facts giving rise to this petition are

























































































































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