Satya Pal vs State of U. P. - 2023 Supreme(All) 2013

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2013

SHAMIM AHMED
Satya Pal – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Applicant : Rishad Murtaza, Aishwarya Mishra and Syed Ali Jafar Rizvi.

JUDGMENT :

(Shamim Ahmed, J.) :

Heard Shri Rishad Murtaza, the learned counsel for the applicant, Shri Hari Shankar Vajpayee, the learned A.G.A.-I for the State-opposite party No. 1 and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 16.1.2023 as well as entire proceeding of Criminal Case No. 1447 of 2023, arising out of Case Crime No. 0310 of 2022, under Sections 376, 313 I.P.C., Police Station Sandila, District Hardoi, pending in the Court of learned Civil Judge (Senior Division)/F.T.C., Hardoi.

2. Learned counsel for the applicant submits that on 5.8.2022 the opposite party No. 2 lodged a First Information Report against the applicant for an incident alleged to have taken place on the same day which was registered as Case Crime No. 0310 of 2022, under Sections 376, 313 I.P.C., Police Station Sandila, District Hardoi.

Learned counsel for the applicant further submits that the F.I.R. dated 5.8.2022 was lodged by the complainant alleging therein that she is a widow, her husband had died 12 years ago, after the death of her husband accused-applicant, who was posted as Lekhpal at Tehsil Sandila at that time, developed