Dhappi Yadav v. State of Up and Another

Court No. - 76

Case :- APPLICATION U/S 482 No. - 36386 of 2024

Applicant :- Dhappi Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Pathak,J.

1. Learned counsel for the applicant has submitted that false and malicious prosecution has been instituted through F.I.R. dated 15.09.2019 qua alleged occurrence of offence dated 23.10.2018 wherein son of the first informant has been shown to be dead owing to strangulation committed by the main accused namely Sarvesh Kumar Yadav who was allegedly sitting on the chest of the deceased. Role of the present applicant has been assigned that he was sitting on the legs of the deceased. Creating doubt to the genesis of the crime, learned counsel for the applicant has laid emphasis on the medical report dated 23.10.2018 wherein it is averred that victim (Ranveeir) was brought by Ram Avtar (grandfather) at about 7:15 p.m. on 23.10.2018 whereas alleged incident has been shown to be occurred at about 11:00 p.m. In the medical report, deceased has been shown to be dead owing to poisoning (alcohol/intoxication). He has also placed reliance on the inquest report dated 24.10.2018 wherein deceased has been shown to be dead owing to consumption of poisonous substance. After due investigation, the Investigating Officer has submitted the final report, being Report No.19/19 dated 28.08.2019, with an averment that owing to heated verbal altercation with grandfather, deceased has consumed poisonous substance and during treatment at P.G.I., Saifai, he passed away. At highly belated stage, a protest petition has been filed by Hardayal (respondent no.2) against the final report no.19/19 dated 28.08.2019. Learned Special Judge, S.C./S.T. Act has treated the said protest petition as complaint vide order dated 25.02.2021. After recording statement under Section 200 and 202 Cr.P.C., learned court concerned has issued summons against the present applicant (Dhappi Yadav) and the main accused Sarvesh Kumar Yadav under Section 304 I.P.C. & 3(2)(v) S.C./S.T. Act. Assailing the summoning order, learned counsel for the applicant has emphasized that Sarvesh Kumar Yadav has died on 04.04.2020 which is evident from his death certificate registered on 13.11.2020 (Annexure-16 to the present application). There is no allegation of uttering caste related abusive language at the part of the present applicant against the victim or the first informant.