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2011 Supreme(MP) 1110

G.D.SAXENA
Jyoti Parihar – Appellant
Versus
Munindra Singh Parihar – Respondent


Advocates Appeared:
Mr. Premsingh Bhadoriya, Advocate assisted with Mr. B.S. Bhadoriya, Advocate for the Respondents., Mr. V.K. Saxena, ST. Advocate and Mr. D.R. Sharma, Advocate with him for the Petitioner

ORDER :

This revision petition preferred by the petitioner/wife under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against an order dated 31st January, 2011, passed in Criminal Appeal No. 2/10 (Munindra Singh and another Vs. Smt. Jyoti Parihar) by the Special Judge (Atrocities), Gwalior whereby the Appellate Court by setting aside the order dated 30th November, 09 passed in Criminal Case No. 13299/09 by the Judicial Magistrate First Class, Gwalior, remitted the matter back to the Trial Magistrate to reconsider the case on directions given in the light of the impugned judgment and pass an order afresh.

2. The facts in short, just necessary for the decision of this petition are that the petitioner and the respondent No. 1 were married on 21st May, 2005 in Gwalior as per Hindu customs. It is stated that at the time of marriage, valuable articles such as silver and gold ornaments, furniture, cloths household's articles and cash etc. were gifted to the wedding couple by the parents and relatives and friends. After marriage, the petitioner lived near about eight months in her matrimonial house. Thereafter, the husband (respondent No. 1) of the petitioner and her fath























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