Remanded

Aaveg Mehrotra v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Allahabad HC22 Oct 2024CRLA/2918/2024

Case brief

AI extract

What is this about?

The High Court stayed the execution of the impugned order summoning the appellant for trial pending the filing of counter affidavits by the prosecution and the filing of a rejoinder by the appellant.

What did the court decide?

Stayed the execution of the impugned order dated 12.08.2024 summoning the appellant pending disposal after filing of counter affidavits and rejoinder.

Aaveg Mehrotra vs State of U.P. Thru. Addl… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Court No. - 14 Case :- CRIMINAL APPEAL No. - 2918 of 2024 Appellant :- Aaveg Mehrotra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Appellant :- Satendra Kumar (Singh),Abhishek Misra,Romit Seth Counsel for Respondent :- G.A.

¶2

Hon'ble Ajai Kumar Srivastava-I,J.

¶3

1. Heard Sri Satendra Kumar Singh, learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

¶4

2. The instant criminal appeal has been filed by the appellant for setting aside the proceedings of Criminal Misc. Case No.233 of 2019, arising out of Case Crime No.48 of 2005, under Sections 452, 354, 504 and 506 I.P.C. and Sections 3(1)(r) & 3(1) (s) S.C./ S.T. Act, Police Station Kotwali, District Sitapur, pending in the court of learned Special Judge, S.C./ S.T. Act, Sitapur and impugned order dated 12.08.2024 passed by the learned Special Judge, S.C./ S.T. Act, Sitapur in the aforesaid criminal case.

¶5

3. Vide order of this Court dated 18.09.2024, notice was directed to be issued to respondent No.2, which has been served upon her as per report dated 14.10.2024 furnished by the learned Chief Judicial Magistrate, Sitapur. However, no one has put in appearance on behalf of respondent No.2.

¶6

4. Learned counsel for the appellant has submitted that the accused-appellant is innocent, who has been falsely implicated in this case due to some ulterior reasons.

¶7

5. His further submission is that, in fact, the first information report in this matter was lodged on 15.01.2005 at about 07:00 AM at Police Station Kotwali, District Sitapur, wherein a Final Report came to be filed in the year 2005. However for some ulterior reasons a protest application came to be filed in the year 2024 which culminated in impugned order dated 12.08.2024 whereby the

¶8

appellant has been summoned to stand trial for the offence under Sections 452, 354, 504, 506 I.P.C. and Sections 3(1)Da, Dha S.C./ S.T. Act. without there being any evidence against the accused/ appellant. He, thus, submits that the present criminal proceedings is nothing but a malicious prosecution of the appellant as well as gross abuse of process of the Court.

¶9

6. His further submission is that having regard to the fact that the alleged incident, even for the sake of argument, is stated to have occurred in a room and not in public view, therefore, provision of Section 3(1)Da, Dha S.C./ S.T. Act is also not attracted. Therefore also, the present criminal proceeding is liable to be set aside.

¶10

7. Per contra, learned A.G.A. for the State has vehemently opposed the prayer made by learned counsel for the appellant. However, he has been unable to dispute the other factual submissions advanced by learned counsel for the appellant.

¶11

8. Having heard learned counsel for the appellant, learned A.G.A. for the State and upon perusal of record, the matter requires consideration.

¶12

9. Let counter affidavits be filed within four weeks.

¶13

10. A week's time thereafter shall be available to learned counsel for the appellant to file rejoinder affidavit, if any.

¶14

11. List this case immediately after five weeks.

¶15

12. Meanwhile, the impugned order dated 12.08.2024 or any process(s) issued pursuant thereto, shall not be given effect to qua the present appellant.

¶16

(Ajai Kumar Srivastava-I, J.)

¶17

Order Date :- 5.11.2024 Arnima

¶18

Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Aaveg Mehrotra v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

Aaveg Mehrotra v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Awdhesh Kumar vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Payal Gautam vs State of U.P. Thru. Addl. Chief Secy. Home Lko and 4 Others

Noor Alam vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Akhilesh Kumar vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Abhishek Kumar @ Ravi vs State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Bauwa @ Brijesh Dhanuk vs State of U.P. Thru. Prin. Secy. Home Lko.