Disposed

Mithilesh Dwivedi (Mithilesh Kumar ) and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko 3 Others

Allahabad HC9 May 2024A482/4278/2024

Case brief

AI extract

What is this about?

Single judge order listing an application under Section 482 Cr.P.C. to quash proceedings, issued notice to the opposite party, and kept proceedings in abeyance pending further steps.

What did the court decide?

Notice issued to opposite party; proceedings kept in abeyance; steps to be taken within a week; listed after eight weeks.

Mithilesh Dwivedi (Mithilesh Kumar ) and 4… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Court No. - 29

¶2

Case :- APPLICATION U/S 482 No. - 4278 of 2024

¶3

Applicant :- Mithilesh Dwivedi (Mithilesh Kumar ) And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko 3 Others Counsel for Applicant :- Neeraj Sahu Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Renu Agarwal,J.

¶5

Instant petition under Section 482 Cr.P.C. has been preferred by the applicants assailing the impugned summoning order dated 21.01.2023 passed by the Additional Sessions Judge, Court No. 16 (POCSO Act), Hardoi as well as quashing of the entire proceeding pending against the petitioners on the basis of complaint case No. 31 of 2019.

¶6

It is submitted by learned counsel for the petitioner No.1 is a retired army personnel and petitioner Nos. 2 to 5 are the sons of petitioner No.1. It is submitted that application under Section 156(3) Cr.P.C. was treated as complaint case on 19.09.2016 and the date was fixed for statement of complaint for 23.10.2019. It is further submitted that the statement under Section 200 Cr.P.C. of the complainant was recorded on 23.10.2019 in which she developed the version from the complaint. It is contended that complainant has not given the name of witnesses in the complaint and the P.W.-1 and P.W.-2 in her statement changed that name of the witnesses of alleged occurrence and one Farijuddin who is the relative has given a false statement on the instigation of the complainant who is living about 30-35 kilometers from the alleged occurrence. It is further contended that there are several contradictions in the statement of

¶7

the complainant as well as witnesses of the alleged false case which are not

¶8

reliable.

¶9

Matter requires consideration.

¶10

Issue notice to opposite party No.2.

¶11

Let steps be taken within a week.

¶12

List after eight weeks.

¶13

Till the next date of listing, the effect and operation of the summoning order

¶14

dated 21.01.2023 as well as further proceeding of the complaint case No. 31 of

¶15

2019 shall remain in abeyance.

¶16

(Renu Agarwal,J.)

¶17

Order Date :- 9.5.2024

¶18

Karan

¶19

Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench

Mithilesh Dwivedi (Mithilesh Kumar ) and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko 3 Others

Case brief

What is this about?

What did the court decide?

Mithilesh Dwivedi (Mithilesh Kumar ) and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rahul Vishwakarma Vs State of U.P. Thru. Prin. Secy. Home, Lko.

Nitin Kishor @ Mohan and Ors. Vs the State of U.P and Anr.

Sangeeta Devi Vs State of U.P and Anr.

Surendra Kumar Shukla Vs State of U.P. Thru. the Prin. Secy. Home Dett. and Anr.

Anand Kumar and Others Vs State of U.P. and Anr.

Rajendera Verma Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.