SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(All) 1449

ANISH KUMAR GUPTA
Jiyaullah – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mirza Ali Zulfaqar.

JUDGMENT :

ANISH KUMAR GUPTA, J.

1. Heard Sri Mirza Ali Zulfaquar, learned counsel for the applicant and Sri Prashant Saxena, the learned AGA for the State.

2. Vide order dated 03.09.2021, a notice was issued to opposite party no. 2. However, despite service of notice, none appeared on behalf of the opposite party no. 2.

3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 16.03.2020 and cognizance/summoning order dated 10.12.2020 as well as the entire proceedings of Case No. 21205 of 2020 (State vs. Ziya Ullah), under Sections 419, 420, 376, 504, 506 IPC, arising out of Case Crime No. 20/2019, P.S. Mahila Thana, District Sant Kabir Nagar, pending before the Court of Civil Judge, Junior Division/Judicial Magistrate, Sant Kabir Nagar.

4. The brief facts as emerge from the F.I.R. and the statements under Sections 161 and 164 Cr.P.C. are as under:

    (i) The date of birth of alleged victim is stated to be 01.06.1994 and she has stated that she passed the VIIIth Class in the year, 2008. Sister of the victim was married in Gorakhpur and the accused/applicant herein met first time to the victim in the marriage of her sister and since then

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top