Km. Shashi vs State Of U.P. And 2 Others
2023 Latest Caselaw 1752 ALL

Citation : 2023 Latest Caselaw 1752 ALL
Judgement Date : 17 January, 2023

Allahabad High Court

Km. Shashi vs State Of U.P. And 2 Others on 17 January, 2023

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL APPEAL No. - 476 of 2023
 

 
Appellant :- Km. Shashi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Pankaj Sharma,Prashant Sharma
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present appeal has been filed against the order dated 05.01.2021 passed by the Special Judge, S.C./S.T. Act, Hathras in Session Trial No.37 of 2018 arising out of FIR/Case Crime No.209 of 2018 under Sections 323, 504, 506, 354 IPC, 3(2)(v) S.C./S.T. Act, Police Station Sikandararao, District Hathras whereby learned Judge has rejected the application under Section 319 Cr.P.C. filed by the complainant to summon, Vivek and Deepak as accused, who are students and are studying in District Aligarh.

2. FIR in question came to be registered on the complaint of present appellant-Km. Shashi. It appears that the present appellant was having fight with her bhabhi accused-Guddi Devi on 07.03.2018, and a scuffle was going on between them. It was a trivial matter on which two females fought physically. It is alleged that accused-Yogendra Singh Yadav, his son, Vivek Kumar, Deepak s/o Dharmendra entered into the house of the complainant having lathi, danda, country made pistol and started abusing the complainant by the name of her caste.

3. During the course of investigation, the Investigating Officer did not find involvement of Vivek and Deepak in commission of the offence in any manner. Several independent witnesses said that these two persons are students, who are studying in Aligarh and they have been named falsely.

4. Learned trial court after considering statement of P.W.-1, the complainant as well as case diary and the statements of the independent witnesses recorded under Section 161 Cr.P.C. did not find any force in the application filed under Section 319 Cr.P.C. and, therefore, said application has been rejected vide impugned judgment and order dated 05.01.2021.

5. I have perused the impugned order and do not find that learned trial court has committed any error of law of jurisdiction, which requires the court below to interfere with the well reasoned order. Therefore, present appeal has no merit and substance and is hereby dismissed.

Order Date :- 17.1.2023

prateek