HIGH COURT OF UTTARAKHAND

AT NAINITAL

C482 Application No. 2101 of 2023

Neeraj Singh Adhikari

… Applicant

Vs.

State of Uttarakhand and Another

… Respondents

Advocate:

Mr. Vinoda Nand Barthwal, Advocate, for the applicant through

video conferencing

Mr. Bhaskar Chandra Joshi, AGA, for the State

Hon’ble Sharad Kumar Sharma, J.

A very peculiar argument has been raised by the

learned counsel for the applicant while putting a challenge

to the proceedings of Complaint Case No. 1847 of 2023,

Jeevan Vs. Neeraj Singh Adhikari, being the complaint

proceedings drawn for the offences under Sections 504 and

506 of IPC.

2.

Firstly, the learned counsel for the applicant has

argued the matter that the complainant has not approached

the Court with clean hands for the reason being that much

prior to the registration of the complaint under Section

156(3) of CrPC on 04.03.2023, since the complainant has

not disclosed the fact about the proceedings under Section

107 to be read with Section 116 of CrPC, it will amount that

the respondent complainant had not approached the Court

with clean hands.

3.

Secondly, he argues that the compl