Hemendra Narain Dwivedi vs State Of U.P. And Another
2022 Latest Caselaw 5932 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 881 of 2022
 

 
Applicant :- Hemendra Narain Dwivedi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Aacharya Rajesh Tripathi,Rakesh Kumar Tripathi
 
Counsel for Opposite Party :- G.A.,Sanjay Ojha
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record of this application.

The present application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 09.11.2021 passed by the Additional Sessions Judge, FTC-01, Allahabad in S.T. No.50 of 2017 arising out of case crime no.697 of 2016, under Sections 498A, 304B IPC and u/s 3/4 D.P. Act, P.S. Dhoomanganj, district Prayagraj.

Learned counsel for the applicant submits that discharge application moved by the applicant was rejected vide order of the trial court concerned dated 09.11.2021. The application discharge application under Section 227 Cr.P.C. was moved with several grounds that the Investigating Officer failed to properly investigate the case in a proper manner. In the aforementioned context argument advanced is to the ambit that all the ingredients of Section 304 B IPC are not existing against the applicant except that the marriage took place within seven years period. There is no evidence regarding the cruelty being perpetrated upon the victim. To buttress his contention learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Mirza Iqbal @ Golu and another versus State of U.P. and another, 2021 0 Supreme (SC) 795.

Learned counsel for the informant has claimed that all the ingredients of Section 304 B IPC are attractable in this case. Applicant is the named accused and the death took place within seven years of the marriage. The deceased died unnatural death. Claim of the applicant that no cruelty was perpetrated is absolutely incorrect.

Upon consideration of various aspects of this, it cannot be said that it is a case where proceedings were drawn maliciously on account of ill- will. The factum of death of the deceased on the face of allegations cannot be denied as claimed by the applicant, therefore, the discharge application in so far as it relates to aforesaid sections of Indian Penal Code under Sections 304B, 498A IPC and u/s 3/4 D.P. Act has been rightly rejected. The applicant is required to face the trial under aforesaid sections of IPC. In so far as aforesaid citations of the Hon'ble Apex Court is concerned, factual aspects of these cases are very much distinguishable, therefore, these citations are not helpful to the applicant.

In view of above, this application is dismissed.

Order Date :- 5.7.2022

Raj