Raghvendra Bharti and Anr. v. State of U.P. and Anr.
Case brief
What is this about?
The applicant sought quashing of criminal proceedings alleging false implication and lack of merit. The court directed the trial court to expedite proceedings but discharged no merit to quash the case under Section 482 Cr.P.C.
What did the court decide?
Application disposed with direction to trial court to expedite proceedings; no interference with merits.
What the court decided
Court No. - 15
Case :- APPLICATION U/S 482 No. - 5246 of 2018
Applicant :- Raghvendra Bharti And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Hira Lal Yadav,Sunil Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicants has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicants and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashment of the entire proceedings of Criminal Case No.6402 of 2017 (State Vs. Raghvendra Bharti and another) under Sections 354, 354D, 504, 506 IPC, Police Station Kotwali Katra, District Mirzapur arising out of Charge- sheet No.01 of 2017 dated 27.6.2017 in Case Crime No.269 of 2017, pending in the court of Chief Judicial Magistrate, Mirzapur.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. He further adds that the applicant no.1 himself is having an affair with the opposite party no.2 and he claims that opposite party no.2 is major and she on her own free- will got wedded with the applicant no.1 and proceedings of various cases, pros and cons are going on before respective competent courts, wherein, matrimonial relief has been sought for by the opposite party no.2. The opposite party no.2
Issues for consideration
1 issue framed by the court
Whether the quashing of criminal proceedings under Sections 354, 354D, 504, 506 IPC is required at this stage.
Parties & counsel
- applicant
Raghvendra Bharti
- respondent
State of U.P.
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/5246/2018
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