In an application under Section 482 Cr.P.C., the high court issued notice to a respondent, listed the matter, and stayed further proceedings in a connected complaint case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 16
Case :- APPLICATION U/S 482 No. - 917 of 2025
Applicant :- Mo. Liyaz Alias Riyaz And Another Opposite Party :- State Of U.P. Thru. Prin. Secy Home Deptt. Lko. And Another Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.
Learned counsel for the applicants submits that victim in her statement under Sections 161 & 164 Cr.P.C. has not supported the prosecution case at all. He further submits that victim was sent for medical examination but has refused to undergo medical examination thus, the Investigating Officer for want of any material has submitted the final report. It is further submitted that complainant in his statement under Section 200 Cr.P.C. has stated that her daughter/victim returned on 13/14 April however, he at the same time has produced his daughter before the police station via an application dated 26.04.2024 which falsifies the entire prosecution case. He submits that proceedings are nothing but abuse of process of law. The applicants have been falsely been implicated in this case in order to extract money.
The matter requires consideration.
Issue notice to respondent No.2.
List this case on 21.03.2025.
Till the next date of listing, further proceedings of Complaint Case No.1400/2024 "Mo. Rahoof vs. Riyaz and others" shall remain stayed.
Order Date :- 5.2.2025 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
Mo. Liyaz Alias Riyaz And Another
State Of U.P. Thru. Prin. Secy Home Deptt. Lko. And Another
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
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