Aruni Mittal vs State of U. P. - 2023 Supreme(All) 2925

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2925

GAJENDRA KUMAR
Aruni Mittal – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Appellant :Saurabh Chaturvedi, Ayush Kaushik, Sr. Advocate
For the Respondent: G.A., Dileep Kumar Pandey, Gaurav Pundir

JUDGMENT :

Gajendra Kumar, J.

1. Heard Sri Ayush Kaushik learned counsel for the Applicants, learned AGA and Sri Nitin Sharma along with Sri Dileep Kumar Pandey learned counsel for the opposite party no.2 and perused the records.

2. The present criminal misc. application u/s 482 has been filed for the quashment of the chargesheet dated 3.9.2021 and cognizance/summoning order dated 17.11.2021 passed by the learned Addl. Chief Judicial Magistrate, Court No. 5, Meerut as well as entire criminal proceedings of Crl. Case no. 20577 of 2021 ( State vs. Aruni Mittal and others ) by which the applicants have been summoned in Case Crime No. 141 of 2021 under Section 376 , 506 and 120-B, I.P.C, P.S. Civil Lines, District Meerut.

3. The prosecution story in brief is as follows:-

There is an allegation against the applicants that applicant no.1 has raped the prosecutorix for years altogether and, thereafter, he kept trying to contract marriages again with some other girl with the conspiracy of his other family members. F.I.R has been registered initially on 14.03.2021 at 21.:10 hrs. at PS Majhola, District Moradabad U/S 376, 506, 120-B bearing case crime no. 204/2021 which subsequently got transfe