JAWAHAR LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ramakar Shukla, learned counsel for the applicants, Smt. Nusrat Jahan, learned A.G.A. for the State and Sri Satyendra Kumar Tiwari, learned counsel for the complainant.

(2.) By means of instant application, the applicants have assailed the impugned order dtd. 10/2/2023 passed by the learned Sessions Judge, Sultanpur (now pending in the court of learned Additional Sessions Judge, Court No. 4,Sultanpur) in Sessions Trial No. 1080 of 2022 'State of U.P. Vs. Sadhna @ Gudiya and Another, arising out of Case Crime No. 77 of 2022, under Sec. 302/34, and 201 of I.P.C., Police Station- Sangrampur, District- Amethi.

(3.) The facts of the case, in brief, are that the first information report was lodged by the complainant, namely Banshi Lal Gupta on 29/4/2022, at 04.01 P.M. with respect to the incident which occurred on 04-04- 2022. On the said date, the complainant's son, namely, Anikesh @ Madan, aged about 22 years, left his house at about 07.00 P.M. to visit Kalikan Dham. On the way, he met the applicants nearby their houses, but, thereafter, he did not come back. It is alleged that the applicant no. 2 namely, Sadhna @ Gudiya was having love affair with the complainant's son, but, her family members were against this love affair and they used to threaten the complainant's son. On 6/4/2022, a missing report of complainant's son was lodged. The marriage of the applicant no. 2 was to be solemnized on 23/4/2022 with some other person. On 22-04- 2022, a day before her marriage, applicant no. 2 called the nephew of complainant's son namely, Nitesh and tried to handover mobile phone, purse, driving license and Aadhaar Card etc. of the complainant's son, but, Nitesh refused to take the same and informed the family members about the incident.