Priyanka Gupta vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1629

SAURABH SHYAM SHAMSHERY
Priyanka Gupta – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates Appeared:
For the Applicant : Abhishek Kumar Saroj, Arvind Kumar, Siddharth, Syed Shahnawaz Shah.
For the Opposite Party : G.A., Vijit Saxena.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Heard Mr. Siddharth, learned counsel for the applicants, Mr. Vijit Saxena, learned counsel for opposite party No.2 and Mr. Rakesh Kumar Mishra, learned AGA for the State.

2. Instant application under Section 482 Cr.P.C. has been preferred by applicants with a prayer to quash the Summoning order dated 01.07.2023 passed in Complaint Case No. 215 of 2020 (Smt. Shweta Gupta Vs. Rahul Gupta and others) under Sections 420, 406, 120-B I.P.C., Police Station-Railway Road, District- Meerut and also to set aside order dated 16.01.2024 passed by Additional Sessions Judge/Special Judge, (Anti Corruption Act), Meerut in Criminal Revision No. 504 of 2023.

3. In the present case, applicant No.2 is husband of the complainant whereas applicant No.1 is sister of applicant No.2.

4. Earlier, the complainant has lodged an FIR dated 22.06.2019 against the applicants, their father and mother for offence under Section 498-A, 323, 504, 506 and 406 I.P.C. and Section 3/4 Dowry Prohibition Act, wherein after investigation, a charge-sheet was filed on 12.07.2019 against all named accused persons except, the applicant No.1 herein.

5. The complainant thereafter filed an appli