Disposed

Deependra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Another

Allahabad HC16 Feb 2024A482/1201/2024

Case brief

AI extract

What is this about?

In this interim order under Section 482 Cr.P.C., the court heard arguments regarding a rape and harassment case where the applicant alleged a misconception of marriage. Recognizing that the matter requires detailed consideration, the court issued notice to the State, listed the case for further hearing, and stayed the proceedings.

What did the court decide?

Further proceedings stayed till the next date of listing; notice issued to opposite party; matter listed for further hearing.

Deependra Kumar vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1201 of 2024

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Applicant :- Deependra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lucknow And Another Counsel for Applicant :- Anurag Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anurag Kumar Singh, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned A.G.A. appearing on behalf of the State and perused the records.

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By means of the instant application under Section 482 Cr.P.C. the applicant has sought quashing of the charge sheet dated 18.09.2023, cognizance/summoning order dated 17.10.2023 and the entire proceedings of Case No.11573 of 2023 arising out of Case Crime No.0109 of 2023, under Sections 376/504/506 I.P.C. Police Station Bazar Khala, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate-IV, Lucknow.

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The opposite party no.2 has filed an F.I.R. No.109 of 2023 on 26.07.2023 against ten persons, including the applicant and his family members and relatives in furtherance of an application under Section 156 (3) Cr.P.C. stating that the applicant kept on physically exploiting her under allurement of marrying her for the past five years. The complainant left her matrimonial home and inspite of it the applicant did not marry her. She alleged that the applicant knew about her being a married lady since inception. Later on the applicant declined to marry her. The F.I.R. alleged that all the other accused persons had abused and beaten the complainant when she pressed to get her married with the applicant.

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After investigation the allegations levelled against nine other accused persons could not be established and a charge sheet has been filed against the applicant alone on 17.09.2023 and the learned trial court has taken cognizance of the offence and summoned the applicant to face the trial by means of an order dated 17.10.2023.

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The learned counsel for the applicant has submitted that when the complainant was married since before her entering into a relationship with the applicant, there was no occasion for her to have entered into physical relations with the applicant under a misconception that the applicant will marry her. The applicant cannot marry a married woman. He has submitted that being a married woman the complainant continued to have remained in illicit relations for five long years and thereafter the complaint has been filed.

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The matter requires detailed consideration.

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Issue notice to the opposite party no.2, returnable at an early date. Steps for service of notice shall be taken by the applicant within one week from today.

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The opposite parties may file counter affidavit within two weeks. Rejoinder affidavit, if any, be filed by the applicant within a period of two weeks thereafter.

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List this case in the week commencing 18.03.2024.

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In view of the aforesaid facts, as an interim measure, it is provided that the further proceedings of impugned the charge sheet dated 18.09.2023, cognizance/summoning order dated 17.10.2023 and the entire proceedings of Case No.11573 of 2023 arising out of Case Crime No.0109 of 2023, under Sections 376/504/506 I.P.C. Police Station Bazar Khala, District

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Lucknow, pending in the Court of Additional Chief Judicial Magistrate-IV, Lucknow shall remain stayed till the next date of listing.

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(Subhash Vidyarthi, J.)

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Order Date :- 16.2.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Deependra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Another

Case brief

What is this about?

What did the court decide?

Deependra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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