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2023 Supreme(UK) 424

SHARAD KUMAR SHARMA
Tej Bahadur – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mrs. Pushpa Joshi, Senior Advocate, assisted by Ms. Chetna Latwal, Advocate
For the Respondent: Mr. S.C. Dumka, AGA

JUDGMENT :

The brief genesis of this C482 Application commences from the registration of the FIR, being FIR No. 307 dated 26.08.2022, by the complainant respondent No. 2 herein, as against the present applicant, who is the father-in-law of the present applicant, for his alleged involvement in commission of offence under Sections 323, 376, 506 and 511 of IPC.

2. There are certain facts, which have been mentioned, as to the manner in which the offence has been committed, as narrated in the FIR and subsequently established too by the Chargesheet, as submitted by the Investigating Officer, this Court is deliberately not making any detailed analysis, except for the argument extended by the learned Senior Counsel for the applicant to substantiate, that the instant case happens to be an abuse of process, and this Court should exercise its inherent powers under Section 482 of CrPC to curb an abuse of process.

3. The argument extended by the learned Senior Counsel for the applicant could be summarized in the following manner:-

    (i) She has harped upon the fact, that no credibility could be attached to the allegations levelled in the FIR, for the reason being, that for the incident is of 10.08.20

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