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SUBHASH VIDYARTHI
Anurag Tipathi – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Vineet Kumar Mishra, the learned counsel for the applicants, Sri Amitabh Chaturvedi, the learned A.G.A. appearing on behalf of the State and Ms. Preeti Kumari, Advocate holding brief of Sri Rakesh Kumar Tripathi, the learned counsel for the opposite party no.2.
2. By means of the instant application filed under Section 482 Cr.P.C. the applicants have sought quashing of the order dated 30.01.2024, passed in Case No.3582 of 2009, under Sections 406, 504, 506 I.P.C. relating to Police Station Bangarmau, District Unnao, pending in the court of the learned Additional Chief Judicial Magistrate, court No.1, District Unnao.
3. The opposite party no.2, who is the wife of the applicant no.1 filed a Complainant No.1288 of 2008 on 07.05.2008 under Sections 406, 504, 506 I.P.C. in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Unnao against all the six persons stating that she got married to the applicant no.1 on 15.02.2002; that all the accused persons used to taunt her for demanding dowry; that they used to keep her jewelry in their possession and they left only a chain and a ring with the opposite party no.2. On 06.03.2008 the
The court emphasized that a Magistrate must apply judicial mind before summoning accused, and inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process.
General allegations in FIR without specific roles do not warrant prosecution under IPC and Dowry Prohibition Act.
The main legal principle established in the judgment is that the inherent power under Section 482 Cr.P.C. should be exercised sparingly and with circumspection, and only in cases where allowing the p....
Point of law : Husband or relative of husband of a woman subjecting her to cruelty - Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shallbe punis....
The absence of medical evidence and post-mortem reports precludes establishing a prima facie case for homicide, raising doubts about the informant's motives.
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
The court emphasized the importance of evaluating the credibility of allegations and exercising inherent powers to prevent abuse of the legal process.
The court affirmed that allegations in matrimonial disputes must be substantiated with clear evidence to prevent misuse of legal processes.
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