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2023 Supreme(All) 1594

VIVEK KUMAR BIRLA, VINOD DIWAKAR
Abhay Gupta – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Vikram Singh

JUDGMENT :

Vinod Diwakar, J.

1. Heard Shri Sanjay Vikram Singh, learned counsel for the petitioner and learned AGA for the State.

2. This petition stems from the impugned FIR bearing Case Crime No. 0079 of 2022, under Sections 498A, 304B and 120B IPC read with Section 3/4 of D.P. Act, 1961 registered at P.S. Kurawali, District Mainpuri. Following the completion of the investigation, the police filed a charge sheet against the petitioner and aggrieved by the filing of the charge sheet, the petitioner-husband preferred the instant petition for fair investigation under Article 226 of the Constitution of India, seeking a direction for a fair investigation in the impugned FIR. For clarity, the relief sought before this Court is delineated as follows:

    “(i) Issue, a writ, order or direction in the nature of Mandamus directing the respondent no. 3 to conduct further investigation in Case Crime No. 79 of 2022, under Sections 498A, 304B IPC and Section ¾ D.P. Act, P.S. Kurawali, District Mainpuri.”

3. The petitioner, Abhay Gupta, entered into a matrimonial alliance with Harshita Gupta on 1.12.2020 in accordance with Hindu rites and rituals, and during the marriage, the complainant's family spent

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