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1981 Supreme(All) 585

S.K.KAUL
Ram Krishna Avasthi – Appellant
Versus
Bhawani Dutt Upreti – Respondent


Judgment

S.K. Kaul, J.

1. THIS is an appeal by the complainant against the order of Special Judicial Magistrate, Lucknow who acquitted the respondent No. 1 of the charge punishable under Section 500 of the Indian Penal Code.

2. THE prosecution story is that Ram krishna Avasthi complainant-appellant was the Deputy News Editor in the Editorial Section of National Herald, a newspaper published from Lucknow. He was married to one Deepa Avasthi. THE younger sister of Smt. Deepa Avasthi happened to be one Mohini who was said to have married respondent No. 1 on 8-2-1977. THE allegations of the complainant were that he alongwith his wife had attended the marriage of Monini Upreti and had also visited the house of the accused at Allahabad on their invitation. He or his wife had no hand in the settlement of marriage of Mohini Upreti with the accused-respondent No. 1 nor did they ever interfere in the personal life of respondent No. 1 and Mohini Upreti. Relations between Mohini Upreti and her husband respondent No. 1 became strained so much so that the accused- respondent No. 1 sent a registered notice (Ex. Ka-1) on 27-9-1977 to the complainant Ram Krishna Avasthi as well as his wife Smt. Deepa














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