The High Court rejected an application under Section 482 CrPC seeking quashing of criminal proceedings. After hearing the Advocate General and perusing the record, the court held that an offence was made out against the applicants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 15
Case :- APPLICATION U/S 482 No. - 36547 of 2015
Applicant :- Lokendra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikrant Neeraj,Chandrakesh Mishra
Counsel for Opposite Party :- G.A.,Gaurav Sharma
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None is present on behalf of the applicants to argue the case.
Heard learned A.G.A. and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the proceedings of Case No. 2207 of 2015 (State v. Lokendra and others), arising out of Crime No. 487 of 2015, under Sections 498A, 323, 504 and 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station - Sadabad Kotwali, District - Hathras as well as the Charge Sheet No. 205 of 2015 dated 23.07.2014.
From the perusal of first information report and material brought on record, it cannot be said that no offence is made out against the applicants.
Accordingly, the instant application under Section 482 of the Code stands rejected.
Interim order, if any, stands vacated.
Order Date :- 11.12.2018 I. Batabyal
2 issues framed by the court
Whether the criminal proceedings under the relevant provisions should be quashed.
Whether any offence is made out against the applicants based on the FIR and record on file.
3 provisions across 3 enactments
Lokendra And 2 Others
Umesh Chandra Tripathi
I. Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
