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2005 Supreme(All) 1359

POONAM SRIVASTAVA
Rashim, Sri Brij Lal Santoshi – Appellant
Versus
State of U. P. – Respondent


Advocates:
P.K.BHARDVAJ,

POONAM SRIVASTAVA, J.

( 1 ) HEARD learned counsel for the applicant and learned A. G. A. for the State.

( 2 ) THIS application under Section 482 Cr. P. C. has been filed for availing the benefit of principle of stare decisis. A first information report was lodged by the contesting opposite party against six persons including the present applicant under Sections 498-A, 323 I. P. C. read with Section 3/4 dowry Prohibition Act, Police Station Sikandrabad, District Bulandshahar on 20. 1. 2002 which was registered at case Crime No. 21 of 2002. A charge sheet was submitted against the accused persons. It appears that some of the accused including the applicant had approached this Court and got the proceedings stayed in Criminal Misc. Application No. 62545 of 2002. The co-accused Vibhu, Vivek, Ravi, Rashmi, Nirmala and Brij Lal Santoshi have been given a clear verdict of acquittal vide judgment dated 5. 11. 2004. A certified copy of the judgment is annexed as Annexure-3 to the affidavit. It is, therefore, prayed that since the present applicant is also an accused in the same case crime number, the evidence is also common. The witnesses were declared hostile and finally the trial has ended




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