RAMVEER UPADHYAY Vs. STATE OF U.P

JUDGEMENT

(1.) This special leave petition is against a final judgment and order dtd. 7/3/2022 passed by the High Court of Judicature at Allahabad, dismissing the application filed by the Petitioner under Sec. 482 of the Criminal Procedure Code, 1973 being case No. 29704 of 2021, whereby the Petitioner had challenged the order dtd. 17/9/2021 passed by the 4th Additional District and Sessions Judge, Hathras taking cognizance of the complaint filed by the Respondent No. 2 under Sec. 365 read with Sec. 511 of the Indian Penal Code, 1860 (IPC) and Sec. 3(1)(Dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, hereinafter referred to as "the Atrocities Act".

(2.) Mr. Ranjit Kumar, Senior Advocate appearing on behalf of the Petitioners opened his arguments contending that this case is a classic example of malicious prosecution of the petitioners, who have been embroiled in a false criminal case, due to political animosity. The complaint in the Court of the 2nd Additional District and Sessions Judge/Special Judge under the Atrocities Act, under sec. 156 (3) of the CrPC , which has given rise to these proceedings, has been filed by the Respondent No. 2 at the instance of Devendra Agarwal, Ex-MLA , a political opponent of the Petitioner No. 1. The Petitioner No. 1 and the said Devendra Aggarwal had fought elections against each other several times.

(3.) Earlier, on or about 1/1/2010, Smt. Meera Devi, wife of the Respondent No. 2 had filed a complaint before the District Magistrate, Mahamaya Nagar District (now Hathras District) stating that the Respondent No.2 had been abducted by the brothers of the Petitioner No. 1, to forcibly make him vote in favour of their party, in the MLC election of 2010. In the said complaint it was alleged that the Petitioner had abused the Respondent No. 2 by his caste, using filthy language.