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2004 Supreme(SC) 995

ARIJIT PASAYAT, C.K.THAKKER
Nirmal Jeet Kaur – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Protection to the respondent No.2 Dr. Harminder Singh Bhawara under Section 438 of the Code of Criminal Procedure 1973 (in short the Code ) is assailed by the appellant.

A brief reference to the factual aspects would suffice.

3. Appellant and respondent No.2 entered into a wedlock on 11.5.1997. Alleging that she has been subjected to physical and mental torture for not satisfying the demand for dowry, a complaint was lodged at Women Police Station, Jabalpur (Madhya Pradesh) on 24.2.2003 by the appellant. She alleged commission of offences punishable under Sections 498A and 506 read with Section 34 of the Indian Penal Code 1860 (for short the IPC ) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (in short the Dowry Act ) against respondent No.2 and some of his relatives. On 29.4.2003 respondent No.2 filed an application for protection in terms of Section 438 of the Code before the High Court of Madhya Pradesh, Jabalpur Bench, which was registered as Misc. Crl. Case No. 2890/2003. By order dated 15.5.2003 the High Court disposed of the application to the following directions:

"(i) That the petitioner shall make him








































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