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2021 Supreme(MP) 753

SANJAY DWIVEDI
ABHISHEK @ RAMJI PANDEY – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


ORDER : – The applicants have preferred this criminal revision under section 397(1) read with section 401 of the Code of Criminal Procedure challenging the order dated 16-2-2021 passed in SCATR No. 38/2020 by Special Judge, (Atrocities) Mandla framing charge against the applicant No. 1 under section 498-A of IPC and section 3/4 of Dowry Prohibition Act and sections 3(1)(z), 3(1)(zc) of SC/ST (Prevention of Atrocities) Act and against the applicant Nos. 2 and 3 under section 498-A of IPC, section 3/4 of Dowry Prohibition Act and sections 3(1)(s), 3(1)(z) and section 3(1)(zc) of SC/ST (Prevention of Atrocities) Act.

2. As per the applicants, the Court below has not considered the factual aspects of the matter in consonance with the actual existing legal position and ignoring the same, framed charges against the applicants.

3. For deciding the correctness of the order, the important facts of the case in a nutshell are that on 20-4-2015, the applicant No. 1 entered into marriage with the non-applicant No. 2 at Jagannath Mandir, Jabalpur and out of the said wedlock, the non-applicant No. 2 gave birth to a child on 1-3-2016. The non-applicant No. 2 belongs to ‘Gond’ community and after m

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