DINESH KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) THE present petition has been filed with the prayer to quash the charge sheet submitted in case Crime No. 554/12(Case No. 308 of 2012) u/s 498A IPC and 3/4 D.P.Act P.S. Karimuddinpur District Ghazipur in which cognizance has been taken by the learned Magistrate vide order dated 3.10.2012.

(2.) HEARD learned counsel for the applicant as well as learned AGA for the State.

(3.) I have considered the said argument as well as the decision of this Court given in Akash Garg Vs. State of U.P. and others(Supra). In the said decision, this court has also considered the judgment of the Apex Court in the case of Fakruddin Ahmad V. State of Uttaranchal and another reported in 2009(64) ACC 774. The Hon'ble Apex Court in the aforesaid verdict in paragraph 15 has held as under: