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2005 Supreme(All) 1798

POONAM SRIVASTAVA
Zahrun Nisa, Sri Nawab Ali, Haseen Ahmad – Appellant
Versus
State of U. P. – Respondent


Advocates:
N.I.Jafri,

POONAM SRIVASTAVA, J.

( 1 ) HEARD Sri N. I. Jafri, learned counsel for the applicant and learned A. G. A. for the State.

( 2 ) THIS application has been filed for quashing the charge sheet and the entire proceedings in case No. 9239 of 1989, State v. Zahrun Nisa, arising out of case crime No. 154 of 1989, under sections 498-A, 304-B I. P. C. pending in the court of learned Chief Metropolitan Magistrate, kanpur Nagar.

( 3 ) THE marriage of the deceased Nasiran was performed with Saghir Ahmad in the month of may, 1989 and allegation in the first information report is that after the marriage, she was subjected to cruelty for bringing insufficient dowry. On 12. 8. 1989 the deceased died of burn injury and a first information report was registered at the instance of opposite party no. 2 Gulab khan on 12. 8. 1989 at Police Station Bekanganj, District Kanpur Nagar. S. T. No. 546 of 1989 proceeded in the court of 5thadditional District and Sessions Judge, Kanpur Nagar, State v. Saghir Ahmad and Ors. The trial proceeded against the husband and mother-in-law and vide judgment dated-24/25. 5. 1990, both the accused i. e. husband and mother-in-law were acquitted as the prosecution was not able







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