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SMT. MANJU @ PRAVHA DAWAR & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Smt. Manju @ Pravha Dawar & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 10598 of 2006 [2006] RD-AH 16403 (19 September 2006)

 

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

 (Court No.48)

Criminal Misc. Application  No.  10598 of 2006

Smt. Manju alias Prabha Dawar

And 8 others. ..........  ........ Applicants-Accused.

Vs.

1. State of U.P.

Sanjeev Kumar. ......Opp.parties- Complainant.

****

Hon'ble Barkat Ali Zaidi, J

1. Heard Sri Rajul Bhargawa, learned counsel for the applicants and the learned A.G.A. for the State in this application under Section 482 Cr.P.C.

2. The prayer of the applicants, in this application, is to  quash  the proceedings under Sections 498-A, 323,307 of Indian Penal Code and Section 3/ 4 of the Dowry  Prohibition Act,  which arises from Charge-sheet No. 115 of 2004, Police Station Khekhara District Baghpat  in  Criminal Case No. 1385 of 2005, pending in the Court of Civil Judge ( Sr. Div.)/ A.C.J.M.  Baghpat.

3. Their contention is that the entire  family has been planted in this case from the girl's side including sister Manju, who was married 22 years back, besides  younger sister Alka  and the husband,  husband's three elder brothers,  their wives and his parents. Even the witnesses who are named in the F.I.R. and are said to have seen the occurrence,  have not supported the prosecution story in toto and the evidence collected by the investigating officer is not, prima-facie sufficient to frame the charge under Section 307 of Indian Penal Code.

4. All these questions, raised here, can very well be considered by the learned  trial Magistrate at the time of hearing and framing of charge including the issue of jurisdiction and it will not be proper at this stage to  this Court under Section 482 Cr.P.C. to examine and s scrutinize the evidence, and also to ascertain the issue of jurisdiction , ascertainment of which depends on the facts and evidence in the case.

5. The petition is disposed of accordingly.

Dt:    19th September, 2006

  n.u.


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