Nitin vs State of U. P. - 2023 Supreme(All) 1991

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1991

RAM MANOHAR NARAYAN MISHRA
Nitin – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sunil Kumar Saroj and Vishal Ohri
For the Respondent: A.G.A., Ashok Kumar Mishra and Krishna Kant Tiwari

JUDGMENT :

Ram Manohar Narayan Mishra, J.

The instant petition under Article 227 of the Constitution of India has been filed by the petitioners against the order dated 5.9.2018 passed by learned Additional Sessions Judge/ F.T.C., Court No. 1, Bijnor in Criminal Revision No. 499 of 2022 whereby summoning order passed by learned A.C.J.M. dated 15.9.2018 in Complaint Case No. 839 of 2018 (Pooja Rani @ Himanshi v. Ashwani Kumar and others) has been affirmed. The petitioners by means of present petition have assailed both orders of the Courts below.

Heard learned counsel for the petitioners, learned AGA and learned counsel for respondent No. 2.

2. Learned counsel for the petitioners submitted that there is matrimonial disputes between the petitioners and respondent No. 2. The petitioners are parents-in-law, brother and sister-in-law of the respondent No. 2. Complaint filed before the Court of Magistrate against the petitioners, her husband, with averment that her marriage with opposite party Ashwani Kumar was solemnized on 5.3.2016 according to Hindu rites and rituals in which her father had given sufficient dowry and gifts but the opposite parties were not satisfied with the same and deman

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