ASHUTOSH PATHAK Vs. THE STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present petition arises from the Final Order and Judgment dtd. 3/7/2024 in Application under Sec. 482 No.5718 of 2024 (hereinafter referred to as the 'Impugned Order') [2024:AHC-LKO:45305] passed by a learned Single Judge of the High Court of Judicature at Allahabad, Bench at Lucknow (hereinafter referred to as the 'High Court'), whereby the petitioner's plea, seeking quashing of Orders dtd. 18/5/2024 and 6/6/2024 passed by the Court of the learned Additional Chief Judicial Magistrate, Court No.20, Sultanpur, Uttar Pradesh (hereinafter referred to as the 'Trial Court') in Criminal Case No.7940/2024 [State v Ashutosh Pathak and Ors.], was dismissed and the two Orders impugned therein were upheld.

(2.) The marriage between the petitioner and respondent no.2 took place on 16/2/2014. There are two issues from the wedlock. On 30/4/2018, First Information Report No.19/2018 (hereinafter referred to as the 'FIR') was lodged at P.S. Mahila Thana Gauriganj, Amethi under Ss. 498-A, 323, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') alongwith Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the 'DP' Act) by respondent no. 2- informant against the petitioner, his brother, and his parents. It was alleged that after marriage, from the beginning, the accused persons started harassing respondent no.2 for dowry and demanded Rs.10.00 Lakhs and 5 Biswa Land in Ambedkar Nagar.

(3.) After conclusion of the investigation, Chargesheet No.32/2018 was filed on 10/10/2018 against the accused persons. Thereafter, Supplementary Chargesheet No.32A/2018 was filed on 4/11/2018 against the accused persons for commission of offences under Ss. 498-A, 323, 504 and 506 of the IPC along with Ss. 3 and 4 of the DP Act. The Chargesheet listed a total of 16 witnesses, which included Vinay Kumar Pathak (petitioner's friend) and Kanak Lata Singh (petitioner's neighbour and sister-in-law). Cognizance on the Chargesheet was taken on 22/11/2018 and the accused were summoned. The Trial Court framed charges which were read over to the accused and upon denial of guilt by them, trial commenced.