JUDGEMENT
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(1.) Cr.M. No. 2638 of 2014:
There is a delay of 247 days in filing the application seeking restoration of Crm. A-183-MA of 2013 which was dismissed for nonprosecution vide order dated 22.4.2013. For the cause shown in the application, Criminal Misc. No. 2638 of 2014 is allowed and the delay as such is condoned.
Cr.M. No. 2639 of 2014:
This application is filed praying for restoration of the application, namely, Crm. A-183-MA of 2013, seeking leave to prefer an appeal. As there was no representation on the side of the applicant, the application had been dismissed for non-prosecution on 22.4.2013.
Learned counsel for the applicant has contended that he was not aware of the fact that the application was coming up for hearing on 22.4.2013 . He in fact was under the impression that the case would be listed for hearing at a later point of time.
In such like matters, the Courts do not like to stand on technicalities. Therefore, the application is allowed and the application, Crm. A-183-MA of 2013, is restored to its file.
Cr. M. No. 18945 of 2013:
There is a delay of 64 days in filing the application seeking leave to prefer an appeal. For the cause shown in the application, the application is allowed.
Crm.A-183-MA of 2013:
The present application is filed under Section 378(4) of the Code of Criminal Procedure seeking leave to file an appeal as against the judgment of acquittal recorded by the trial Court.
(2.) The 2 nd respondent, namely, Deepak Chadha, who was the husband of deceased, Renu, faced trial under Section 304-B and in the alternative, Section 306, Indian Penal Code. Trial Court found that the prosecution failed to establish the charges against the 2nd respondent.
(3.) It is the case of the prosecution that the 2nd respondent being the husband, demanded dowry and abused his wife Renu. Renu was turned out from the matrimonial house on 15.8.2006. On 7.3.2007, Renu was found vomiting. She disclosed that her husband, mother-in-law, sister-in-law, brother-in-law, Jethu and Jethani harassed her and therefore, she consumed poison in order to commit suicide. The next day, she died in the hospital. It is the further case of the prosecution that deceased Renu left behind a suicide note.;
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