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2001 Supreme(MP) 54

DIPAK MISRA
Poonamchand Jain – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
P.N.Pathak, S.L.Kochar, Sunil Choubey,

Judgment

( 1. ) INVOKING the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of writ of certiorari for quashment of order passed by the State Government vide Annexure-P. 1.

( 2. ) THE fact as have been depicted are that the petitioner along with some other family members was charge sheeted in respect of offences punishable under Sections 302, 498a and 304b/34 of the Indian Penal Code (in short the I. P. C) in Crime No. 81/2000 pending before the learned chief Judicial Magistrate, Shahdol. It is averred in the writ petition that the deceased Jyotsna was married to the son of the petitioner and she expired on 28-1-2000 under unnatural circumstances. The further allegation of the prosecution is that said Jyotsna was illtreated for demand of dowry and death had occurred due to asphyxia caused by strangulation. On the basis of the said allegations criminal law was set in motion by the parents and brother of the deceased. The petitioner along with his family members were arrested. When the matter stood thus the brother of the deceased submitted an application on 2-2-2000 before the District Magistrate, Sh













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