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SITA SARAN AND OTHERS versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Sita Saran And Others v. State Of U.P. And Another - APPLICATION U/s 482 No. 11876 of 2005 [2005] RD-AH 2151 (29 August 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Application under Section 482 Cr.P.C. has been filed with the prayer to quash the criminal complaint case No. 4973 of 2004 under Section 498 A IPC and Section ¾ D.P. Act.

Learned counsel for the applicants has contended that opposite party no. 2 Smt. Vimla wife of applicant no. 1 has filed a complaint with  wrong allegations. He has also contended that it is alleged that letter was sent to Superintendent of Police on 23.10.2004 but no such paper has been filed by opposite party. He has further contended that compliant was filed with delay although the incident is of June 2004. But these matters are factual and can be raised in the Trial Court by the applicants.

Learned counsel for the applicants could not show any illegality. Learned magistrate after recording the statement of witnesses under Section 200/202 Cr.P.C, directed to summon the accused persons.

In the circumstances, application is devoid of any merits and is liable to be dismissed.

Application filed under Section 482 Cr.P.C. is hereby dismissed.

Dated: 29.8.2005

RKS/11876/2005


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