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DR. SAROJ KAW v. THE STATE OF UTTAR PRADESH

Supreme Court of India | Diary 14552/2022

Status

Order

Decided On

2024-12-19

Bench

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

DR. SAROJ KAW

Respondent

THE STATE OF UTTAR PRADESH

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).5467 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S). 4604/2022)

DR. SAROJ KAW APPELLANT(S)

VERSUS

THE STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)

O R D E R

1. Despite service of notice, none appears for the second

respondent.

2. Leave granted.

3. Heard the learned counsel appearing for the appellant and the

learned counsel appearing for the first respondent-State.

4. The basic challenge by the appellant before the High Court was

to an order passed by the learned Judicial Magistrate by which on a

private complaint filed by the second respondent, summons were

issued to the appellant (accused No.3) and accused no.4 for the

offences punishable under Sections 504 and 506 of the Indian Penal

Code, 1860 (for short, “the IPC”). The summons were issued to

accused no.1 for the offences punishable under Sections 354B and

323 of the IPC. Accused No.1 in the complaint filed by the second

respondent is her father. Accused No.3 (present appellant) is her

father’s sister.

5. We have carefully perused the complaint filed by the second

respondent. The complaint alleges offences punishable under

Sections 406, 420, 354, 354A, 354B, 494, 376, 504, 506 and 511 of

the IPC. In the complaint, we find that not even a general

1

allegation has been made against the ...

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