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september 2014

Supreme Court of India · 2014-09-16

Kailash Chandra Agrawal & Anr vs State Of U.P.& Ors

Citation / case number
AIR 2015 SC( CRI) 138
Court
Supreme Court of India
Petitioner
Kailash Chandra Agrawal & Anr
Respondent
State Of U.P.& Ors
Author
Adarsh Kumar Goel
Bench
Adarsh Kumar Goel, V. Gopala Gowda

Judgment text excerpt

The Supreme Court held that the appellants could not be summoned under Section 406 IPC and Section 6 of the Dowry Prohibition Act, 1961, as they were not named in the FIR and no specific allegations were made against them in the subsequent complaint. The Court emphasized that distant relatives should not be implicated in dowry cases without tangible evidence, referencing the principle established in Kans Raj vs. State of Punjab. The Court quashed the High Court's order, thereby allowing the appeal and staying further proceedings against the appellants.

Kailash Chandra Agrawal & Anr vs State Of U.P.& Ors · Niyam