Harish & Ors. v. State of U.P & Anr.
Case at a glance
Provisions considered
Judgment
A First Information Report was lodged by opposite party no.2 registered as Crime No.320 of 2002 under Sections 498-A/323 I.P.C and Section 3/4 D.P. Act. After investigation a charge sheet was submitted against one accused Suhaib only. During the course of trial complainant moved an application under Section 319 Cr.P.C to summon the applicants for trial. The learned Magistrate by the impugned order dated 14.3.2005 allowed the aforesaid application. A Criminal Revision No. 170 of 2005 was preferred against it, which has been dismissed vide order dated 18.2.2006. From the perusal of the impugned order it appears that the learned Trial Court on the basis of evidence adduced before it, statement of P.W-1 Husain Ahmad and P.W-2 Smt. Nasreen Jahan and found that a primafacie case under Section 498-A, 323 I.P.C and 3/4 D.P. Act is made out against the petitioners also. The learned Magistrate has given all the facts and detailed reasons on which his satisfaction is based. There is no illegality or infirmity in the impugned order. Revisional court has also concurred with the findings of the learned Magistrate so there is no ground to interfere in the matter. Petition under Article 226 of the Constitution of India is devoid of merits and is hereby dismissed. Order Date :- 31.3.2022 Rakesh Reason: Location: High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Criminal Procedure, 1973 — s. 319; Indian Penal Code, 1860; Dowry Prohibition Act, 1961 — ss. 3, 4.
Which court decided this case, and when?
Allahabad High Court, on 31 Mar 2022. The bench was SYED AFTAB HUSAIN RIZVI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.