Radhika And Ors. vs The State Of U.P And Anr.
2022 Latest Caselaw 11343 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 992 of 2015
 

 
Applicant :- Radhika And Ors.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Rajesh Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate,Vijayendra Prakash Tripat
 

 
Hon'ble Dinesh Kumar Singh,J.

1. By way of this application under Section 482 CrPC, the applicant has prayed for quashing of the order dated 19.11.2014 passed on application moved by the respondent no. 2 under Section 319 CrPC and for quashing of the subsequent order dated 03.03.2015 passed by the learned Additional Sessions Judge, Court No.3, Faizabad in Sessions Trial No.10 of 2014, under Section 302 IPC (State Vs. Suresh Kumar).

2. By means of the impugned orders the applicants have been summoned as additional accused to face trial for offence under Section 302 IPC.

3. This Court had granted an interim order on 24.03.2015 in favour of the applicants. During the pendency of the application, the trial proceedings have got concluded and, vide judgment and order dated 20.09.2021, husbands of applicants, Radhika and Sunita have been acquitted. Only husband of deceased, Suresh Kumar has been convicted for the offence under Section 302 IPC.

4. Against the said order of conviction dated 20.09.2021, criminal appeal is pending before this Court.

5. In view thereof, the present application is hereby allowed and the impugned orders are hereby quashed.

Order Date :- 26.8.2022

MVS/-