Sonu Raja and 3 Others v. State of U.P. and Another
Case brief
What is this about?
In an application under Section 482 Cr.P.C. seeking quashal of proceedings involving rape, dowry-related offences, and SC/ST Act violations, the High Court held the lower court's order was based on relevant consideration and refused to interfere.
What the court decided
Court No. - 87
Case :- APPLICATION U/S 482 No. - 15296 of 2022
Applicant :- Sonu Raja And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikram Singh Shrivastava Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The applicant, through the present application under section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the entire criminal proceedings of final report No. 54 of 2020 (Kapure Sahariya Vs. Sonu Raja and others), under sections 452, 323, 354-B, 504, 506 IPC and section 3(1)w(i), 3(1)(r), 3(1)(s), P.S. Narahat, District Lalitpur pending before Special Judge (SC/ST Act)/ Addl. District and Sessions Judge Lalitpur arising out of Case Crime No 464 of 2016.
From the perusal of the impugned order dated 25.02.2022 it transpires that in the statements of witnesses recorded under section 161 Cr.P.C. it is clear that accused persons on 23.3.2016 at about 11.00 A.M. have misbehaved with the victim ladies and also tried to outrage their modesty. Further it has come in the statement of independent witnesses namely Ram Lal and Sundar that prior some time of the incident hot talk took place between the parties and police has investigated the matter.
After having heard the learned counsel for the parties present and perused the impugned order as well as material brought on record, I am of the view that impugned order is based upon relevant consideration and supported by cogent reason, the same does not suffer from any irregularity, illegality or jurisdictional error, hence, no interference is required by this Court. The prayer for quashing the impugned order is refused.
Issues for consideration
2 issues framed by the court
Whether Section 482 Cr.P.C. application seeking quashal of proceedings for rape, dowry harassment, and SC/ST offences requires interference.
Whether the lower court's order refusing quashal was based on relevant consideration and cogent reasons.
Parties & counsel
- appellant
Sonu Raja And 3 Others
- respondent
State of U.P.
Coram
Dr. Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/15296/2022
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