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2008 Supreme(All) 1228

M.K.MITTAL
R. UPADHYAYA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Amit Daga for the Petitioners; Ashutosh and A.G.A. for the Respondents.

JUDGMENT

Hon’ble M.K. Mittal, J.—This writ petition has been filed for quashing the order dated 24.12.2007 passed by A.C.J.M., Court No. 6, Jhansi in Criminal Complaint case No. 600 of 1998 whereby he directed to summon the petitioner No. 2 Namita under Sections 177, 181, 182, IPC and petitioner No. 1 Dr. R.S. Upadhyaya, under Section 506, IPC and the judgment and order dated 19.4.2008 passed by Addl. Sessions Judge, Court No. 1, Jhansi in criminal revision No. 8 of 2008 filed against this order whereby learned Judge dismissed the revision.

2. I have heard Sri Amit Daga, learned Counsel for the petitioner, Sri Ashutosh, learned Counsel for the respondent No. 2 and learned A.G.A. and have perused the material on record. Opposite party No. 2 has also filed counter-affidavit in this case.

3. Brief facts of the case are that respondent No. 2 filed an application under Section 156(3), Cr.P.C. alleging that he was married with Smt. Namita on 16.1.1998 before the District Marriage Officer, Jhansi, according to provisions of Special Marriage Act, 1954 and the marriage certificate was also issued. Before the Marriage Officer, form was filled up and affidavit was filed and Alok, Sachin and Sanj






































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