SATENDRA KUMAR Vs. STATE OF U P
LAWS(ALL)-2007-3-109
HIGH COURT OF ALLAHABAD
Decided on March 16,2007

SATENDRA KUMAR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Referred Judgements :-

HARISHCHANDRA PRASAD MANI VS. STATE OF JHARKHAND [REFERRED TO]


JUDGEMENT

K.N.Sinha, J. - (1.)
1. The present petition has been filed for quashing of the charge sheet filed against applicants under sections 498-A and 304-B IPC and section 3/4 Dowry Prohibition Act.

(2.)Learned counsel for the applicants has submitted that according to the post mortem report no injury was found on the body of the deceased. The visra was preserved which was sent for chemical examination but no poison was found therein.
(3.)Learned counsel for the applicants has submitted that in view of the post mortem report and chemical examination report of visra, the offence under section 304-B IPC is not made out. He has relied upon a judgment of this Court reported in 2006 (10) Allahabad Daily Judgment page 262 and submitted that in such case charge sheet can not be filed.


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