Dismissed

Dhruv Singh Yadav v. State of U.P. and Another

Allahabad HC18 Jan 2023A482/38249/2022

Case brief

AI extract

What is this about?

The applicant moved under Section 482 Cr.P.C. to quash summons and proceedings alleging PTSD harassment. The High Court refused quashment as prima facie offence was disclosed, dismissing factual disputes, but directed consideration of a bail application within three weeks.

What did the court decide?

Quashing of proceedings refused; bail application to be considered if applicant appears within three weeks.

Dhruv Singh Yadav Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 38249 of 2022

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Applicant :- Dhruv Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sumit Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 20.7.2022 as well as further proceedings of Complaint Case No. 118 of 2019 (Smt. Neeraj Yadav vs. Dhruv Singh Yadav), under Section 354 IPC, P.S. Moth, District- Jhansi, pending in the court of Civil Judge (Junior Division), Judicial Magistrate, Moth, Jhansi.

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As per the allegation made in the complaint and the statement of the witnesses recorded under Sections 200 and 202 Cr.P.C., it is alleged that on 20.3.2019 at about 2 p.m., the applicant caught hold of the victim and committed indecent act with her and extended death threats to her.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, no offence is disclosed against the applicants and the present case has been instituted with a malafide intention for the purpose of harassment, as such, the entire criminal proceedings be quashed.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicants and as such, the entire criminal proceedings cannot be quashed.

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Having considered the rival submissions made by learned counsel for the parties and from the perusal of the allegations made in the complaint and the statement of the witnesses and material collected during the course of inquiry prima facie, offence is clearly disclosed against the applicant.

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At this stage, disputed question of fact cannot be considered,

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therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the entire criminal proceedings is refused.

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However, in case the applicant appears before the court below within three weeks from today and applies for bail, his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 18.1.2023 KU

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Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad

Dhruv Singh Yadav v. State of U.P. and Another

Case brief

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Dhruv Singh Yadav v. State of U.P. and Another

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