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2021 Supreme(All) 200

K.J.THAKER, GAUTAM CHOWDHARY
Sheoraj Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Appellant : Ishir Sripat
For The Respondent: G.A.

JUDGMENT :

Heard Sri Ishir Sripat, learned counsel for the petitioners and learned A.G.A. for the State.

Petitioners have made the following prayers:

    (i) issue a writ of certiorari quashing the First Information Report dated 10.12.2020 registered as Case Crime no. 0626 of 2020, under Sections 304B, 498A IPC and¾Dowry Prohibition Act, P.S. Ghandhi Park, District Aligarh.

(ii) issue a writ of mandamus directing the respondent no. 2 not to arrest the petitioners in Case Crime no. 0626 of 2020, under Sections 304B, 498A IPC and ¾ Dowry Prohibition Act, P.S. Ghandhi Park, District Aligarh.

(iii) Any other or further writ, order or direction as is deemed fit and proper by this Hon'ble Court.

Facts in nutshell for our puposes are that daughter of the first informnat had married Pushpendra Singh. The daughter of the first informant on 2.8.2020 gave birth a girl child at Jaideep Nursing Home, which was now creator of the problem between the parties. It is a matter of fact that after delivery when the deceased was shifted to Varun Hospital, she died. The respondent no. 3 preferred a complaint under Section 156(3) Cr.P.C., which was registered as Application No. 256/11/20 before the Chief Jud

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