Disposed

Sidharth Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC24 Jan 2024A482/650/2024

Case brief

AI extract

What is this about?

In this BigInteger application under Section 482 Cr.P.C., the High Court found the allegations against the applicant doubtful due to contradictory witness statements. The Court issued notice to the opposite party and stayed all proceedings until the next hearing.

What did the court decide?

Stayed proceedings on charge sheet, cognizance order, and arrest warrant pending return of notice and filing of counter affidavit.

Sidharth Singh vs State of U.P. Thru. Addl. Chief Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 650 of 2024 Applicant :- Sidharth Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Bal Keshwar Srivastava,Dr. Udai Prakash,Kanchan Sinha,Ravi Patel,Suresh Kumar Mishra,Vivek Tiwari

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Bal Keshwar Srivastava, the learned counsel for the applicant and Sri Anurag Verma, the learned A.G.A-I appearing on behalf of the State.

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By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet no. 01/2022 as well as the cognizance/summoning order dated 23.09.2022 and NonBailable Warrant dated 15/07/2023 along with the entire proceedings of the Case No. 88909/2022 arising out of Case Crime No. 109/2022, under Sections 498-A, 354, 323, 504, 506 I.P.C and 3/4 of Dowry Prohibition Act, Police Station Vikas Nagar, District Lucknow, which is pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 4, Lucknow.

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The opposite party no. 2 had filed an F.I.R on 05.06.2022 against four persons, including the applicant, his father, mother and younger brother, stating that she got married to the applicant on 09.12.2021. She was harassed by the accused persons for demanding dowry. She levelled several indecent allegations against her father-in-law and brother-in-law.

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In the statement of the informant recorded under Section 161 Cr.P.C, she levelled serious allegations against the applicant also. She stated that the applicant has stopped co-habitation with her and she suspected that the applicant is suffering from some ailments due to

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which he keeps himself away from the informant. she alleged that on 20.03.2022 and 23.03.2022, she was threatened and physically abused by the accused persons. She further stated that the incident was witnessed by a cook and a tenant.

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The statement of the cook and the tenant were also recorded by the investigating officer and both of them stated that the informant is a shot tempered lady whereas the applicant and his family members are extremely gentle. Both of them have stated that on 20.03.2022 and 23.03.2022, the informant herself was shouting in anger and no such incident took place, as was alleged by the informant.

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The Investigating Officer found that the allegations against the family members could not be established and a charge sheet for commission of offences under Section 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act has been submitted on 11.08.2022 against the applicant alone.

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From the aforesaid facts, particularly the statement of the independent witnesses mentioned by the informant herself in her statement, the allegations levelled by the opposite party no.2 appear to be doubtful.

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The matter requires consideration.

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Issue notice to the opposite party no.2 returnable at an early date.

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The opposite party may file a counter affidavit within a period of two weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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List this case in the week commencing 19.02.2024.

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Keeping in view the aforesaid facts of the case, it is provided that till the next date of listing, charge sheet no. 01/2022 as well as the cognizance/summoning order dated 23.09.2022 and the entire

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consequential proceedings of the Case No. 88909/2022 arising out of Case Crime No. 109/2022, under Sections 498-A, 354, 323, 504, 506 I.P.C and 3/4 of Dowry Prohibition Act, Police Station Vikas Nagar, District Lucknow shall remain stayed.

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(Subhash Vidyarthi,J.)

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Order Date :- 24.1.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Sidharth Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Sidharth Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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