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2005 Supreme(All) 375

SHAILENDRA SAKSENA
SANT RAM MASTER ALIAS SANTRAM JAISWAL – Appellant
Versus
STATE OF U P – Respondent


SHAILENDRA SAKSENA, J.

This petition is under Section 482 of the Cr. P. C. for quashing the charge-sheet No. 33-A of 2000 in Case Crime No. 92 of 2000, under Sections 498-A/304-B I. P. C. and under Section 3/4 Dowry Prohibition Act of P. S. Tambaur, District Sitapur.

2. Brief facts so far they are relevant for the decision of this petition are that in this case accused- petitioner alongwith Chandrika Prasad and Raj Rani were made accused in the above noted case. Charge-sheet was submitted against him. The petitioner is not a member of the accused or the complainants family. Trial of Chandrika Prasad and Raj Rani resulted in acquittal. The witnesses did not support the case of the prosecution and were declared hostile. The case of the accused petitioner was separated now the petitioner has been called upon to face the trial.

3. The petitioner has placed reliance on the basis of principles of law laid down reported in the case of Narayan Rai v. State of U. P. & Anr. , 2004 (1) JIC 508 (All ). In this case proceedings under Section 307 of I. P. C. were launched and the case of the petitioner was separated in the trial. The witnesses did not support the case of the prosecution. The main











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