RENU AND ANR. Vs. STATE OF U.P. AND 2 ORS.
LAWS(ALL)-2010-8-547
HIGH COURT OF ALLAHABAD
Decided on August 28,2010

Renu And Anr. Appellant
VERSUS
State of U.P. and 2 Ors. Respondents

JUDGEMENT

S.N.H. Zaidi, J. - (1.) BY means of this petition filed under Section 482 Cr.P.C., the petitioners have invoked the inherent powers of this Court with a prayer that the proceedings of Case No. 2278 of 2002 State v. Baby and Ors. arising out of Case Crime No. 149 of 1999, under Sections 498 -A, 304 -B I.P.C. and Section 3/4 Dowry Prohibition Act, for short D.P. Act, Police Station -Rampur Kalan, District -Sitapur, be quashed.
(2.) THE relevant facts, in brief, are that one Arjun Lal Verma lodged a report under Sections 498 -A, 304 -B I.P.C. and 3/4 D.P. Act on 17.6.1999 at the concerned police station, against his son -in -law Sunil and his relatives, including the petitioners, who are his sisters, with the allegations of demanding a motor cycle in dowry and harassing and subjecting his daughter to cruelty on account of non fulfilment of the said demand and ultimately causing her death. The petitioners filed Writ Petition No. 3109 (M/B) of 1999 for quashing of that report and this Court, vide order dated 22.7.1999, stayed the arrest of the petitioners. The police, however, after concluding the investigation, submitted the charge sheet against all the five persons named in the report, including the petitioners.
(3.) AS the petitioners were neither arrested during the investigation of the case nor did they appear before the Magistrate after the submission of charge sheet, therefore, their case was separated and the case of the remaining accused was committed to the Court of Sessions, which was tried as Sessions Trial No. 779 of 1999 State v. Sunil and Ors. and by judgment and order dated 31.7.2001 passed by the Additional Sessions Judge, Court No. 2, Sitapur, the accused persons were found not guilty of the charges levelled against them and were accordingly acquitted.;


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