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2022 Supreme(All) 1008

SAURABH SHYAM SHAMSHERY
Shalini Kashyap – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Awadhesh Kumar Singh, Abhai Kumar Singh.
For the Opposite Party : G.A., Sanjay Vikram Singh.

JUDGMENT :

1. Heard Shri. Awadhesh Kumar Singh, learned counsel for applicants, Shri. Rakesh Kumar Singh, learned counsel for informant and Shri. Chandan Agarwal, learned A.G.A. Perused the records.

2. By means of this application, applicants have prayed for setting-aside the impugned judgment and order dated 29.9.2021 passed by Additional Sessions Judge, Court No.3, Hathras in Criminal Revision No.106 of 2020, (C.N.R. No.UPHT010030162020) Smt. Shalu Vs. State of U.P. & Ors.

3. Complainant/opposite party No.2, Shalu lodged an F.I.R. No.0333 dated 9.11.2019 at Police Station-Hathras Junction, district-Hathras against her husband Rohit Kashyap (applicant no.2), her Jeth Rishi, her father-in-law Amar Nath, her sister-in-law (wife of dewar and applicant no.1) and Arvind Kumar (Relative) for allegedly committing offence under Sections 498-A, 504, 506, 120-B, 342, 377, 376 I.P.C. and 3/4 D.P. Act

4. After investigation, a charge-sheet No.188/2020 dated 1.9.2020 was filed only against Rohit, Rishi and Amar Nath for offence under Sections 498-A, 504, 506 I.P.C. and 3/4 D.P. Act.

5. At the stage of cognizance, complainant filed an application before Judicial Magistrate, Hathras, alleging unfair

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