Dismissed
Rakesh Kumar v. State of U.P. and Another
Allahabad HCA482/45425/2018
Case brief
from the order text
What is this about?
Case :- APPLICATION U/S 482 No. - 45425 of…
What the court decided
AI extract
Case :- APPLICATION U/S 482 No. - 45425 of…
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. - 45
Case :- APPLICATION U/S 482 No. - 45425 of 2018
Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhagwan Das Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to dismiss the Execution Case No. 133 of 2018 and to quash the entire proceedings of the case, Chhunnu Devi @ Hunn Devi Vs. Rakesh Kumar, under Section 128 Cr.P.C., Police Station Akil, District Kaushambi.
Submission is that the proceeding under Section 127 Cr.P.C. has been initiated by the opposite party No.2 against the applicant. It is stated that the opposite party No.2 is daughter of the applicant and earlier her custody was given to the applicant under the provisions of Guardianship and Wards Act. Thereafter, estranged wife of the applicant has taken the daughter forcibly to her house and has got the proceedings under Section 127 Cr.P.C. initiated. As yet, no orders have been passed.
It is open for the applicant to bring all the facts to the notice of the court below.
This application has no merits and it is, accordingly dismissed.
Order Date :- 14.12.2018 Ruchi Agrahari
Rakesh Kumar
State Of U.P.
Siddharth
Ruchi Agrahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court