SAURABH SHYAM SHAMSHERY
Mohd Ashraf – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
Hon'ble Saurabh Shyam Shamshery, J.
1. Applicant no.1 before this Court is husband of opposite party no.2 whereas applicants no. 2 to 8 are his close relative including some women family members.
2. Opposite party No.2 got married with applicant no.1 on 30.03.2017 and it appears that there were some matrimonial dispute between them and thereafter in the year 2022, she left her matrimonial house allegedly either on her own will or by force and went to her parental house alone without her 2 sons.
3. In aforesaid circumstances, opposite party no.2/complainant has lodged an FIR on 25.02.2023 bearing FIR No. 0045/2023 against all applicants alleging that they have committed offence under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act and for reference relevant part of FIR is quoted below :-
4. On basis of above referred FIR, investigation was conducted and statement of complainant and other witnesses were recorded which are mentioned below :-
5. After investigation, charge sheet was filed wherein trial Court took cognizance and summoned the applicants vide order dated 28.08.2023 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act.
6. Sri Syed Shahnawaz
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M. Krishnan v. Vijay Singh [(2001) 8 SCC 645 : 2002 SCC(Cri) 19]
Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre [(1988) 1 SCC 692 : 1988 SCC(Cri) 234]
Medchl Chemicals & Pharma (P) Ltd. v. Biological E. Ltd. [(2000) 3 SCC 269 : 2000 SCC(Cri) 615]
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Rajesh Bajaj v. State NCT of Delhi [(1999) 3 SCC 259 : 1999 SCC(Cri) 401]
Rajesh Sharma and others vs. State of UP and another
Rupan Deol Bajaj v. Kanwar Pal Singh Gill [(1995) 6 SCC 194 : 1995 SCC(Cri) 1059]
State of Bihar v. Rajendra Agrawalla [(1996) 8 SCC 164 : 1996 SCC(Cri) 628A/323/504/506]
State of Haryana v. Bhajan Lal [1992 Supp (1) SCC 335 : 1992 SCC(Cri) 426]
Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque [(2005) 1 SCC 122 : 2005 SCC(Cri) 283]
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