Akash and Another v. State of U.P. and Another
Case brief
What is this about?
In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings for alleged gang rape, the Single Judge of the Allahabad High Court held that the matter required consideration, directed issue of notice to the complainant, and imposed a stay on coercive actions against the applicants pending the next hearing date.
What did the court decide?
Notice issued to opposite party no.2; stay on coercive action against applicants till next date.
What the court decided
Court No. - 75
Case :- APPLICATION U/S 482 No. - 21453 of 2024
Applicant :- Akash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivendra Kumar Gupta,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
- Heard learned counsel for the applicants and learned AGA for the State.
- This application under Section 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 13.02.2018, of Complaint Case No.122 of 2017 (Smt. Rakhi Vs. Tipu and others), under Section 376D IPC, Police StationKotwali Orai, District- Jalaun, pending before the Court of C.J.M., Jalaun at Orai.
- It has been submitted by learned counsel for the applicants that impugned complaint has been lodged making false allegations. In fact on 20.03.2016 the brother of opposite party no.2 has enticed away the sister of applicant no.1 and in that connection the mother of applicant no.1 has lodged a first information report against Gautam, who is brother of opposite party no.2. In that matter after investigation, charge-sheet was submitted under Sections 363, 366, 376, 342, 323, 506 IPC against said Gautam and the case was pending before the Juvenile Justice Board. The impugned complaint has been lodged by opposite party no.2 on 12.01.2017 making allegation of gang rape against applicants. It was submitted that complainant is a married lady and there is nothing to show that she has sustained any injury. It was submitted that
Issues for consideration
1 issue framed by the court
Whether notice must be issued to the opposite party allowing them to file a counter-affidavit before deciding on the merits of the quashing application.
Parties & counsel
- appellant
Akash And Another
- respondent
State of U.P. and Another
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- A482/21453/2024
All orders in this case
4 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court