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2004 Supreme(All) 1540

AMAR SARAN
SURENDRA YADAV – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
A.P.TIWARI, S.S.TRIPATHY,

AMAR SARAN, J.

Heard learned Counsel for the applicant and the learned A. G. A. appearing for the State.

2. This application under Section 482 Cr. P. C. has been filed for quashing the charge-sheet against the applicant in criminal case No. 364-A of 2000, State v. Surender Yadav under Sections 498-A and 304-B IPC pending in the Court of A. C. J. M. Vth, Gorakhpur.

3. The allegations in the F. I. R. were that there was a demand of Rs. 50,000 for dowry by the husband of the deceased Smt. Ramdani, namely another Surendra Yadav (not the applicant) son of Ram Harakh Yadav and Saudha Devi, mother-in-law, the wife of Ram Harakh Yadav who were residents of village Gajai Kol, P. S. Chhangaha, Gorakhpur.

4. The applicant Surender Yadav, S/o Indrasen Yadav is shown as a resident of another village, Rajdhani. The only allegations against the applicant, which appear at the foot of the F. I. R. were that there was some suspicion of the applicant also being involved in this incident, because he used to tell Surendra Yadav to enter into a second marriage. The words used in the FIR against the applicant are as follows:

"rajdhani KE SURENDRA YADAV PUTRA INDRASAN YADAV KE GHATANA MEIN SHAMIL HONE KI AS
















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