DHEERENDRA SINGH BHADAURIYA v. STATE OF U.P. AND ANOTHER
NA528/17180/2025 · 2025-05-21
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58292 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58292 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86515 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 17180 of 2025 Applicant :- Dheerendra Singh Bhadauriya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the material available on record. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 01.03.2025, the summoning order dated 03.02.2024, as well as the entire proceedings of Sessions Trial No. 1167 of 2024, State v. Dhirendra Singh Bhadauriya, arising out of Case Crime No. 196 of 2023, registered under Section 376, 504 IPC and Section 67B of the I.T. Act, Police Station Malwan, District Fatehpur, pending before the Court of Additional Sessions Judge/FTC, Court No. 1, Fatehpur. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to ulterior motives. The allegations as made in the First Information Report are highly improbable and unreliable, which do not disclose the essential ingredients of the alleged offences. It is further argued that the investigation was not conducted in a fair and impartial manner, and the charge sheet has been filed solely based on statement of the victim's father. 4. Per contra, learned A.G.A. has vehemently opposed the prayer and submitted that there are serious and grave allegations against the applicant, involving the commission of rape and mental harassment. The victim was allegedly subjected to sexual assault
soon before her marriage, and thereafter, was harassed by the applicant by sending obscene pictures to her husband and brother- in-law on their mobile phones. 5. After hearing learned counsel for the applicant and having perused the material available on record, prima facie it is observed that there is clear allegation against the applicant, involving the commission of rape and mental harassment. The victim, in her statement recorded under Section 164 Cr.P.C., has categorically made allegation of rape against the applicant. The ingredients of offence under Section 376, 504 IPC, and Section 67B of the I.T. Act are satisfied. 6. It is well settled that the inherent jurisdiction under Section 482 Cr.P.C. is to be exercised sparingly, with circumspection, and in the rarest of rare cases.
The power does not extend to stifle legitimate prosecution unless it is shown that the proceedings are manifestly frivolous, vexatious, or instituted with mala fide intent. In the instant matter, the pleas raised by the applicant pertain to disputed questions of fact and sufficiency of evidence, which are to be adjudicated during trial by the competent court upon appreciation of oral and documentary evidence. 7. The instant application is devoid of merit and it is accordingly dismissed. 8. The observation made herein shall not any bearing on the final outcome of the case. Order Date :- 22.5.2025 A. Tripathi Vinod Diwakar,J. Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad