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2022 Supreme(SC) 1306

SANJAY KISHAN KAUL, M. M. SUNDRESH
Suresh Kankra – Appellant
Versus
State of UP – Respondent


Advocates appeared:
Mr. Vinod Prasad, Sr. Advocate, Mr. Ajay Kumar Srivastava, Advocate, Ms. Jyoti Tiwary, Advocate, For the Appellant / Mr. Siddharth Dharmadhikari, AAG, Mr. Sarvesh Singh Baghel, Advocate, Mr. Mukhtar Alam, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. Respondent no. 2 is served but has not put in appearance.

3. Heard learned counsel for the parties and perused the additional documents.

4. The petitioner was arrayed as accused in Case Crime no. 318 of 2018 for the offences punishable under Section 376, 354, 354B, 504, 506 IPC and Section 3(2) (v) of the SC/ST Act.

5. The sum and substance of the complaint against the petitioner is that he committed the offense alleged when the respondent no.2 went to the field of one Atal Singh, father-in-law of the petitioner for collecting fodder.

6. The registration of the offense was done in pursuant to the application filed invoking Section 163(3) of the Criminal Procedure Code (Cr.PC) before the jurisdiction of Magistrate. It was alleged that despite oral and written complaints, the respondent no. 1 did not choose to register the complaint.

7. The petitioner filed an application under Section 482 Cr. PC to quash the complaint registered dated 02.06.2018 interalia alleging that the entire complaint is fostered against the petitioner who is a retired person by his estranged sister-in-law out of the family dispute. He is not even the resident of that area. A similar complai

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