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PREM NARAYAN SINGH
Pradeep S/o Shri Umashankar Tiwari – Appellant
Versus
State Of Madhya Pradesh Station House Officer Through P. S. - Annapurna, Indore (Madhya Pradesh) – Respondent
ORDER :
This order shall govern the disposal of these miscellaneous criminal cases as they have arisen out of the same crime number of the same police station, hence, they are heard analogously and are being decided by this common order.
2 . These petitions under Section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), has been preferred for quashment of F.I.R bearing crime No.230/2023, registered at police station – Annapurnan, District – Indore, against the applicants for offence punishable under Sections 304-B, 498-A, 34 of IPC, 1860 and Section 3/4 of Dowry Prohibition Act, 1961, the charge-sheet and the consequential proceedings in Criminal Case No. 4739/2019 pending before the trial Court.
3 . The brief facts relevant to the case are that on 05.05.2023 a merg report regarding the death of deceased Indu Tiwari was registered at Police Station Annapurna on the basis of a short postmortem report received from District Hospital, Indore. In the postmortem report doctor has opined that the deceased committed suicide by hanging herself on 04.05.2023. It is alleged that the marriage of the deceased was solemnised with Gaurav Tiwari on 09.12.2013. Applicant Pradeep is fath
The court emphasized that the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973 should be sparing and used to prevent abuse of the process of law and secure the en....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
Vague and general allegations in dowry harassment cases do not constitute a prima facie case, necessitating specific allegations to prevent misuse of legal provisions.
The judgment established the need to scrutinize allegations in dowry harassment cases and prevent the abuse of process of the court, especially when vague and general accusations are made against the....
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