Application No. 13287 of 2017. Case: Deepak @ Kailash and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 13287 of 2017
CounselFor Appellant: Rajesh Yadav and Dadhi Bal Yadav, Advs.
JudgesSurya Prakash Kesarwani, J.
IssueIndian Penal Code - Sections 498A, 494, 323, 504
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Surya Prakash Kesarwani, J.

The opposite party No.1 had lodged an FIR (No.39/04) on 04.06.2004 with respect to an incident dated 10.03.2004 being Case Crime No.95 of 2004 under Sections 498A, 494, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Rampur, District Jaunpur, in which a charge-sheet No.54/04 dated 11.07.2004 was filed by the police in the aforesaid Case Crime No.95 of 2004 against 7 accused, namely the applicants No.1, 2 3, 5, Om Prakash, Smt. Usha Devi and Buddhiram. The aforesaid charge-sheet was filed for charges under Sections 498A, 494, 504 I.P.C.

The complaint application dated 09.07.2003 being Complaint Case No.827 of 2012 (new number) with respect to an incident dated 10.01.2002 against six persons namely the applicants No.1, 2, 3, 5, 6 and one Sri Prakash. The proposed accused were summoned by summoning order dated 28.05.2004 under Section 498A I.P.C. and Section 3/4 D.P. Act.

On these facts, the applicants have moved an application under Section 210 Cr.P.C. for clubbing the aforesaid Case Crime No.95 of 2004 and Complaint Case No.827 of 2012 (old...

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