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2007 Supreme(All) 181

R.K.RASTOGI
SUGANDHA DEVI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
Kamal Kishor Mishra for the Petitioners; A.G.A. for the Respondents.

JUDGMENT

Hon’ble R.K. Rastogi, J.—This is a Criminal writ petition for quashing of the order dated 5.11.2006 passed by the Superintendent of Police, Kushi Nagar and the order dated 29.11.2006 passed by the C.J.M., Kushinagar.

2. I have heard the learned Counsel for the applicant as well as the learned A.G.A. for the State. Since only a legal point is involved in the present case and there is no factual dispute, I have heard them on merits and I am deciding this writ petition at the admission stage.

3. The facts relevant for disposal of this writ petition are that on 21.2.2006 at 6.45 P.M. Gyaneshwar Dubey, respondent No. 4 in the present case lodged a F.I.R. against the accused Vijai Pratap, his mother Smt. Sugandha Devi, elder brother Ram Pratap Dhar Dubey and wife of Ram Pratap under Sections 498A/304B/201, I.P.C. and 3/4 Dowry Prohibition Act and the police after investigation submitted a charge-sheet against the accused Vijai Pratap Dubey only. No charge-sheet was submitted against the remaining three accused. It was stated by the I.O. that they had been falsely implicated in the case and there was no evidence against them. This charge-sheet was submitted on 16.5.06 by the I.O. an










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