SANJAY KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Sanjay Kumar Yadav, with a prayer for restraining Station Officer, Police Station-Baharia, District-Allahabad, from arresting applicant, in execution of warrant of court or otherwise and from executing the process, under Sections 82 and 83 of Code of Criminal Procedure, 1973, against applicant, in Case Crime No.45 of 2019, under Sections 147, 149, 201, 34, 498A, 306 and 302 of Indian Penal Code, Police Station-Baharia, District-Allahabad.

(2.) Learned counsel for applicant argued that the applicant has been falsely implicated in Case Crime No.45 of 2019, under Sections 147, 149, 201, 34, 498A, 306 and 302 of Indian Penal Code, Police Station-Baharia, District-Allahabad. Applicant, being elder brother of husband of the deceased, was having separate living and was having no concern with the alleged demand of dowry and cruelty, with regard to it or committing of suicide by the deceased. Chargesheet has been filed against rest of the accused persons and investigation against applicant is said to be pending, wherein, proclamation, under Sections 82 and 83 of Cr.P.C., is being said to be issued. An application, for grant of anticipatory bail, being Criminal Misc. Bail Application No.58000 of 2019, Sanjay Kumar Yadav v. State of U.P., has been rejected by this Court. He applied for having copy of the order of warrant, issued against him, alongwith order of proclamation and attachment, being said to be issued, under Sections 82 and 83 of Cr.P.C., but, he could not have copies of those orders. Statements of two daughters of the deceased is there in the case diary, wherein, they have specifically said that Sanjay Kumar Yadav, present applicant herein, was having a separate living, by constructing house of his own. Chargesheet, against applicant, can be filed if his involvement is there and thereafter the same can be challenged before the appropriate court, but, the Investigating Officer is adamant to arrest applicant. Hence, this all was under abuse of process of law Therefore, for avoiding abuse of process of law, 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.