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2011 Supreme(All) 2517

S.C.AGARWAL
SWAYAM PRABHA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
R.B. Sahai and Amrish Sahai for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

Hon’ble S.C. Agarwal, J.—Heard Sri R.B. Sahai, learned counsel for the revisionist and learned A.G.A. for the State.

2. No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he/she feels so aggrieved.

3. This revision under Sections 397/401 Cr.P.C. is directed against the order dated 1.7.2011 passed by C.J.M., Gorakhpur in Criminal Misc. Application No. 5175 of 2011 (Swayam Prabha v. Anand and others) whereby the application filed on behalf of the revisionist under Section 156 (3) Cr.P.C. for registering the case under Sections 394, 504, 506, 356 IPC, P.S. Cantt., District Gorakhpur was directed to be treated as a complaint.

4. Application under Section 156 (3) Cr.P.C. was moved by the revisionist-complainant Smt. Swayam Prabha against her father-in-law Babban Mishra and husband Anand Kumar alleging therein that she was married with Anand Kumar on 9.7.2000. Her in-laws started treating her with cruelty on account of demand of a four wheeler and Rs. 5 lacs in cash, in respect of which, a criminal case under Section 498-A, 3









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