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RAJEEV KUMAR SHRIVASTAVA
Ashok Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J - The revisionists have come up with present revision under Section 397 r/w Section 401 of CrPC, challenging the impugned order dated 23/07/2019 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 2529 of 2018, whereby the charges have been framed against revisionists for offences under Sections 498-A, 294, 506 Part II of IPC and Section 4 of Dowry Prohibition Act.
2. Facts giving rise to present revision, in short, are that on 20/06/2018 at Mahila Police Station, Gwalior complainant Smt. Tanu Sharma submitted a written complaint alleging therein that, she got married to Rahul Sharma, resident of Mathura (UP) on 12/12/2016 as per Hindu rites and rituals at Silver OAK Hotel, City Centre, Gwalior and at the time of marriage, her father had given net cash of Rs.11 lac along with other gold ornaments as per status but her in-laws were not satisfied with it and started ill-treatment with her and pressurize her to bring some more dowry. Her husband told her to bring a SUV Car, otherwise they use to beat her. It is alleged that when complainant lived with her husband in Delhi, on 25/06/2017 accused revisionists Nos.1, 2 and 4 (father-
The court emphasized the need to establish a prima facie case against the accused and the limitations of the court's role at the stage of framing charges. It highlighted the importance of not questio....
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
The main legal point established in the judgment is that the trial court must independently consider the materials in the case diary and arrive at a satisfaction that the ingredients of the offence e....
The main legal point established in the judgment is the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out at the st....
The pendency of a civil proceeding cannot bring to an end a criminal proceeding, and the trial judge is not a mere post office to frame the charge at the instance of the prosecution.
Under Section 90 of the Indian Penal Code; that presumption can be drawn under Section 114-A of the Indian Evidence Act that the revisionist had sexual intercourse on false assurance of marriage.
The scope and ambit of Sections 227, 228, 397 and 482 Cr.P.C. and the principles governing the exercise of jurisdiction under these provisions, particularly in the context of discharge of accused and....
The main legal point established in the judgment is that a complaint filed as a counter-blast, after the initiation of divorce proceedings, and lacking prior complaints or corroboration, may be consi....
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