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2005 (5) TMI 695

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..... e petitioner and second respondent who argued on behalf of himself and the other respondents also. 2. Delay condoned. 3. Leave granted. 4. The appellant Savita in one of the appeals herein filed a complaint alleging offences punishable under Sections 498-A and 406 IPC against the respondents herein which was registered as FIR No. 33 dated 1.6.2001 by the Mahila Police Station, Bikaner. Th .....

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..... ng to the appellant, they snatched her hair and tore the clothes and also abused her . She further stated that they had demanded Rs. 5 lakhs as dowry. It is on this factual basis that the complaint in question was filed which was registered by the Mahila Police Station, Bikaner as stated above. 6. The High Court while entertaining the petition under Section 482 of the Code of Criminal Procedure .....

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..... tion under Section 633 of the Companies Act had held that a finding given by the civil court is binding on the criminal court. We have no quarrel with the said proposition, but we are of the opinion that such consideration of a finding of the civil court cannot be done by a court entertaining a criminal petition for quashing an FIR wherein an investigation has not even started. 9. The second re .....

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..... stage at which the challenge is made in this case under Section 482 of the Criminal Procedure Code, these judgments do not help the respondent in defending the impugned order. 10. For the reasons stated above, we allow these appeals and quash the impugned order of the High Court and direct the Mahila Police Station, Bikaner to proceed with the investigation of the case, FIR No. 33 dated 1.6.20 .....

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