Dismissed

Yogesh Kumar Sahu Alias Yogesh Kumar v. State of U.P. and Another

Allahabad HC5 Nov 2024A482/34256/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. filed to quash a summoning order for Sections 323, 452, and 506 IPC. The Court found no occasion to interfere as the trial court had properly considered relevant facts. It held that later complaints with different dates constitute separate causes of action.

What the court decided

AI extract

Yogesh Kumar Sahu Alias Yogesh Kumar vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:172529

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 34256 of 2024

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Applicant :- Yogesh Kumar Sahu Alias Yogesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1State.

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In view of order being passed, notices to opposite party no.2 stand dispensed with.

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Application under Section 482 Cr. P.C. has been filed challenging summoning order dated 20.08.2024 as well as proceedings in Complaint Case No.27831 of 2024 (Rinki Dixit v. Yogesh Kumar Sahu and others) under Sections 323, 452, & 506 I.P.C., P.S. Gujaini, District Kanpur Nagar, pending in Court of Metropolitan Magistrate-2, Kanpur Nagar.

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Learned counsel for applicant submits that opposite party no.2 earlier as well had filed Application under Section 156(3) Cr.P.C. dated 24.08.2023 with allegation that applicant had physically exploited the complainant on false pretext of marriage. The said Complaint was registered as Application No.3263 of 2023 and was rejected by means of order dated 27.02.2024, which was never challenged by opposite party no.2 but she subsequently gave another Application under Section 190(1)A of Cr.P.C. which was registered as Complaint Case No.27831 of 2024 and in which impugned summoning order has been passed.

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It has been submitted that a perusal of second complaint will make it evident that the gist thereof is similar to earlier complaint lodged by applicant with the only difference being that subsequent event of 13.03.2024 is also indicated. It is therefore submitted that the second complaint being largely based on the same incident on which earlier complaint was rejected, there was no occasion for summons to have been issued to applicant.

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Learned Additional Government Advocate has opposed the Application with submission that the second complaint clearly indicates a different cause of action on which the impugned order has been passed after considering all the relevant factors.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that

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applicant as well as opposite party no.2 have indulged in crosscomplaints being lodged against each other with Applicant's earlier complaint dated 18.08.2023 being filed prior to complaint lodged by opposite party no.2 on 24.08.2023. It is submitted that in the complaint lodged by applicant, summons have been issued. It is also evident from a comparison of the two complaints lodged by opposite party no.2 that they pertain to different dates and therefore may construe a separate cause of action due to which the rejection of earlier complaint lodged by opposite party no.2 may not have any bearing in the present case.

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A perusal of the impugned summoning order will also indicate that all the relevant facts required to be seen by trial court at the stage of summoning have been considered in detail.

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In view of aforesaid facts and circumstances and discussion, this Court does not find any occasion to interfere in the order impugned.

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Resultantly, the Application under Section 482 Cr.P.C. is accordingly dismissed .

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Order Date :- 5.11.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad

Yogesh Kumar Sahu Alias Yogesh Kumar v. State of U.P. and Another

Case brief

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Yogesh Kumar Sahu Alias Yogesh Kumar v. State of U.P. and Another

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