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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Suman Prajapati – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Yashpal Yadav, learned counsel for the applicant, Mr. Sanjay Kr. Srivastava, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State.
2. The present application has been filed with prayer to quash the order dated 30.01.2024 passed by Additional Chief Judicial Magistrate [ACJM] Court No.16, Allahabad in Criminal Case No.04/2024 (State Vs. Tripurari), arising out of Case Crime No.436/2023 , under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Dhoomanganj, District-Prayagraj (Allahabad). It is further prayed to direct the A.C.J.M. Court No.16, Allahabad to provide an opportunity of hearing to the applicant before taking further cognizance.
3. Brief facts of the case are; a first information report [FIR] was lodged on 23.08.2023 at 20:55 hours by Smt. Suman Prajapati (applicant) against six persons with the allegations of being mentally and physically harassed for additional dowry demand. After investigation charge sheet was submitted on 19.11.2023 only against Tripurari Prajapati whereas final report was submitted in favour of Santlal, Smt. Lalmani Devi, Smt. Pratibha, Smt. San
The informant's right to be heard before a Magistrate is context-dependent, not absolute, and does not invalidate proceedings if not provided.
The judgment emphasized the rights of the informant, the duty of the police to inform the informant about the result of the investigation, and the need for the informant to be heard before the court ....
The Magistrate can independently apply his mind to the facts emerging from the investigation and take cognizance of the offence, not bound by the conclusions of the investigating officer.
At the stage of taking cognizance and issuing process, the Magistrate is only required to see the sufficiency of the material for proceeding further, not to meticulously examine the evidence. The cou....
Cognizance of offence on the basis of police report – For summoning persons upon taking cognizance of an offence, Magistrate has to examine materials available before him for coming to the conclusion....
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