LAWS(ALL)-2022-8-171

YOGEESH PANDEY Vs. STATE OF U. P.

Decided On August 23, 2022
Yogeesh Pandey Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Rama Shanker Mishra, learned counsel for the applicant, Sri Bablu Singh, learned counsel for the opposite party no.2, Sri Rakesh Chandra Srivastava and Si Adarsh Kumar Pandey, learned A.G.A. for the State and perused the material on record.

(2.) By means of the instant application under Sec. 482 Cr.P.C., the applicant is challenging the proceedings of Case No. 4912 of 2017 (State Vs. Yogesh Pandey and another) arising out of Case Crime No. 0159 of 2017 under Ss. 498A, 323, 504, 506, 406 I.P.C. and Sec. 3/4 of Dowry Prohibition Act, at Police Station Mahila Thana, District Ghaziabad pending before learned VIIIth Additional Chief Judicial Magistrate, District Ghaziabad.

(3.) Brief facts of the case are that the marriage of the applicant was solemnised with the opposite party no.2 on 26/11/2015 according to Hindu rites and rituals but due to matrimonial discord, the party started living separately since 28/11/2016. Later on, a first information report dtd. 27/4/2017 was lodged by the opposite party no.2 in Case Crime No. 0159 of 2017 under Ss. 498A, 323, 504, 506, 406 I.P.C. and Sec. 3/4 of Dowry Prohibition Act, at Police Station Mahila Thana, District Ghaziabad against the applicant and one Sudha Pandey. Thereafter, the matter was entrusted for investigation, which culminated in submission of charge sheet against the applicant and co-accused Sudha Pandey, upon which cognizance was taken and case was registered as Case No. 4912 of 2017 (State Vs. Yogesh Pandey and another).