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RAM MANOHAR NARAYAN MISHRA
Lakshmi Poddar @ Shikha Poddar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. By means of instant Criminal Revision the revisionist has assailed the judgment and order dated 23.12.2023 passed by learned Additional Chief Judicial Magistrate, Court No.2 Gorakhpur in Complaint Case No.221 of 2004 (Alka Rani Vs. Rajesh Agarwal and others), whereby application for discharge under Section 245 Cr.P.C. moved by accused persons Rajesh Agarwal, Maya Devi, Lakshmi Poddar @ Shikha Poddar and Sunita Tulsyan has been dismissed by the trial court.
2. Heard Sri Anil Kumar Srivastava, Senior Advocate, assisted by Sri Ravi Yadav, learned counsel for the revisionists, Sri Yogendra Singh Yadav, learned A.G.A. for the State and perused the material on record.
3. The facts leading to filing of present revision are that the complainant/respondent No.2 initially moved an application under Section 156 (3) Cr.P.C. before the Court of Judicial Magistrate Ist Gorakhpur on 09.08.2004 which was registered as Misc. Application No.221 of 2004 with averments that her marriage with opposite party No.1 Rajesh Agarwal was solemnized 14.04.2002 according to hindu rites and rituals in arranged manner. She was send off to her matrimonial home after marriage. However just after her arri
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The main legal point established in the judgment is the need to scrutinize vague and omnibus allegations in cases under section 498A IPC, prevent the abuse of the criminal court process, and consider....
The main legal point established in the judgment is the requirement for specific allegations and material particulars to uphold charges under sections 498A/406/34 IPC, and the need to weigh evidence ....
Court emphasized that general and omnibus allegations against in-laws under Section 498A IPC do not warrant prosecution, warning against misuse of the law in matrimonial disputes.
The judgment emphasizes the need for specific allegations in cases involving Section 498A of the Indian Penal Code and cautions against false implications by way of general omnibus allegations.
The court emphasized the need for specific allegations in matrimonial disputes to prevent misuse of law, particularly Section 498A IPC.
The judgment established the importance of specific evidence and cautioned against general omnibus allegations in matrimonial disputes, emphasizing the potential misuse of Section 498A IPC and the ne....
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