Rahat Alias Chhota and 3 Others vs State of U.P. and Another

¶1

Court No. - 74 Case :- APPLICATION U/S 482 No. - 10675 of 2024 Applicant :- Rahat Alias Chhota And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Roopesh Kumar Mishra Counsel for Opposite Party :- G.A.

¶2

Hon'ble Saurabh Shyam Shamshery,J.

¶3

Sri Roopesh Kumar Mishra, learned counsel for applicants submits that earlier marriage of Applicant-2 was fixed with daughter of complainant, however, later on marriage was not solemnized. Being aggrieved, complainant filed a complaint case against Applicants-1 and 2 as well as their three other relatives, which was dismissed vide order dated 09.10.2020 passed under Section 203 Cr.P.C. Revision thereof at the instance of complainant was also rejected on 26.03.2021.

¶4

Learned counsel further submits that immediately after rejection of revision, on basis of alleged occurrence took place on 03.04.2021 a criminal complaint was filed wherein above referred circumstances were not disclosed and later on by means of impugned order dated 26.10.2023 present applicants were summoned to face trial under Section 392 IPC. Learned counsel submits that filing of complaint case was an abuse of process of law and it was filed only to implicate applicants anyhow.

¶5

I find substance in above arguments at this stage.

¶6

Issue notice to Opposite Party No. 2 returnable at an early date. Step be taken within a week.

¶7

In addition to normal mode of service, Dasti service is also permitted.

¶8

Put up on the date fixed in notice at 03.30 PM.

¶9

Order Date :- 22.8.2024 AK

¶10

Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Rahat Alias Chhota and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rahat Alias Chhota and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Bachchu Lal Sahu and 5 Others vs State of U.P. and Another

Shivakant and 2 Others vs State of U.P. and Another

Hemant Yadav vs State of U.P. and Another

Jeewan Singh and 2 Others vs State of U.P. and Another

Mohd Kamil @ Anshu and 6 Others vs State of U.P. and Another

Tanveer Rana and 3 Others vs State of Up and Another