LAWS(ALL)-2020-1-525

JATA SHANKAR TRIVEDI Vs. STATE OF U.P.

Decided On January 31, 2020
Jata Shankar Trivedi Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973 (Hereinafter, in short, referred to as 'Cr.P.C.'), has been filed by the Applicants, Jata Shankar Trivedi and Divya Trivedi, with a prayer for setting aside impugned charge-sheet, dated 6.12.2018 and cognizance taking order, dated 2.2.2019, with entire proceeding, in Criminal Case No. 2138 of 2019, State v. Jata Shankar Trivedi and others, arising out of Case Crime No.49 of 2018, under Sections-498A and 376D of Indian Penal Code, Police Station-Collectorganj, District-Kanpur Nagar, pending in the court of Additional Chief Metropolitant Magistrate, IX, Kanpur Nagar.

(2.) Learned counsel for applicants argued that Opposite party no. 2 fell in love with the son of Applicant no.1, resulting in love marriage with him. Both of them resided separately at Shuklaganj, Unnao. Applicants are having no concern with them. Subsequently, Opposite party no.2 fell in extramarital relationship with Rinkesh Shukla, who usurped entire belonging of son of Applicant No.1 and ultimately ousted him from his house at Shuklaganj, Unnao. Being father, Applicant no.1, and feeling pity upon his own son, permitted him to reside at his home. Then, threat was being extended by Rinkesh Shukla to applicants. Ultimately, this false case was got manipulated and fabricated against Applicant no.1 and other accused persons, with concocted story, whereas, a missing report of his own son was got reported, prior to this occurrence, by Applicant no.1 and this was mentioned in the first information report, lodged at Police Station, concerned, itself, that this concocted story of offence of rape seems to be suspicious because Applicant no.1 has moved an application, under Section 156(3) of Cr.P.C., before the Magistrate, concerned, with regard to missing of his son, wherein, apprehension on Opposite party no.2 and Rinkesh Shukla was expressed upon which a first information report was lodged and as a result whereof this false implication of Applicant no.1 and other accused is there, wherein impugned charge-sheet has been filed upon which cognizance has been taken by the court, concerned, whereas, no such occurrence ever occurred and applicants are being victimized by Opposite party no.2. This was a proceeding, under abuse of process of law. Hence, for avoiding abuse of process of law in ensuring ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.