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2019 DIGILAW 317 (JHR)

Sandeep Kumar v. State of Jharkhand

2019-01-31

SHREE CHANDRASHEKHAR

body2019
JUDGMENT : 1. The petitioner is the elder brother-in-law of the complainant who has filed Complaint Case No. 1131 of 2017 in which cognizance of the offence under section 498A, 324, 326, 120-B of the Indian Penal Code, 1860 and 3/4 of the Dowry Prohibition Act, 1961 has been taken by an order dated 08.06.2017. 2. One of the plea urged on behalf of the petitioner is that on the allegations as made in the complaint, solemn affirmation of the complainant and the enquiry witnesses ingredients of the offence under section 498A, 324, 326, 120-B IPC, 1860 and 3/4 of the Dowry Prohibition Act, 1961 are not made out. In support of the aforesaid contention Mr. Jitendra S. Singh, the learned counsel for the petitioner relies on a decision in “Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi” reported in (1976) 3 SCC 736 . 3. Issue notice to O.P No. 2 under registered cover with A/D as well as by ordinary process for which talbana etc. must be filed within next week. 4. Post the matter on 12.03.2019. 5. In the meantime, further proceeding in Complaint Case No. 1131 of 2017 shall remain stayed till the next date of hearing.