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2006 Supreme(All) 1278

K.N.SINHA
Bhajan Lal Nekshu Lal – Appellant
Versus
State of Uttar Pradesh Sushila Bhajan Lal Babu Ram – Respondent


Advocates:
S.K.Gupta, U.C.MISHRA,

K. N. SINHA, J.

( 1 ) HEARD Sri U. C. Misra, learned Counsel for the petitioners and learned A. G. A.

( 2 ) THE present writ petition under Article 226 of the Constitution of India has been filed for issuing writ, order or direction in the nature of certiorari to quash the order dated 28. 1. 2003 (Annexure No. 5 to the writ petition) passed by Judicial Magistrate, 1st, Aonla, district Bareilly and order dated 23. 3. 2006 (Annexure No. 6 to the writ petition) passed by District/sessions judge Bareilly in case No. 547/2002 and Criminal Revision No. 199/2005, respectively. It was further prayed that the complaint case on the whole be quashed.

( 3 ) SMT. Sushila, opposite party No. 2 filed a complaint, which was registered as complaint case no. 547/2002 against the petitioners. On the said complaint, statement of witnesses were recorded under Section 202 Cr. P. C. and the Magistrate, after considering the evidence, summoned five petitioners under Section 498-A I. P. C. and Section 3/4 Dowry Prohibition Act.

( 4 ) AGAINST the said order, the petitioners filed a revision and the revisional court dismissed the said revision by order dated 23. 3. 2006, holding that in view of law laid down











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