Ritu Gautam vs State Of U.P. And Another
2023 Latest Caselaw 12588 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- APPLICATION U/S 482 No. - 11180 of 2023
 

 
Applicant :- Ritu Gautam
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shivakant Singh,Ram Swaroop (Singh)
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

By means of the present Application u/s 482, the applicant has challenged order dated 26.02.2019 passed by Juveniles Justice Board, Kanpur as well as entire proceedings of Criminal Case No. 0356 of 2015 (State Vs. Ritu Gautam), arising out of Case Crime No. 345 of 2015, under Sections 498-A & 304-B IPC and Section 3/4 D.P. Act, Police Station Kalyanpur, District Kanpur Nagar, pending in the court of Juveniles Justice Board, Kanpur Nagar.

Learned counsel for the applicant has submitted that in the instant case, the applicant has been declared a juvenile, as such, her proceedings are pending before the Juvenile Justice Board.

Learned counsel for the applicant has next submitted that in the instant case husband Rohit Kumar, mother-in-law Maya Devi, brothers-in-law Satish and Manish and sisters-in-law Anita and Priti, of the deceased victim were put to trial in Sessions Trial No. 356 of 2015, which stands concluded vide judgment and order dated 15.01.2019. By the said judgment and order dated 15.01.2019, husband Rohit Kumar and Maya Devi were convicted, however, his two brothers namely Satish and Manish and two sisters Anita and Priti have been acquitted.

Learned counsel for the applicant has next submitted that since other brothers and sisters of the applicant have already been acquitted, as such, the entire proceedings against the present applicant, who is also an unmarried sister of Rohit be also quashed.

Per contra, learned AGA has vehemently opposed the said prayer and has submitted that evidence which has been recorded in respect of the other co-accused, who have been acquitted, cannot be read in the present case and therefore, on the principle of stare decisis, the proceedings cannot be quashed.

Having considered the rival submission made by learned counsel for the parties and taking into consideration the fact that the evidence recorded in respect of the other co-accused cannot be read for the applicant and she has to be tried on the basis of the evidence recorded against her, as such, the entire proceedings as against the applicant cannot be quashed at this stage on the principle of stare decisis.

The present application u/s 482 is devoid of merit and is accordingly dismissed.

Order Date :- 24.4.2023

Subham