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Showing contexts for: HATHRAS in Ramveer Upadhyay vs The State Of Uttar Pradesh on 20 April, 2022Matching Fragments
Indira Banerjee, J.
This special leave petition is against a final judgment and order dated 7th March 2022 passed by the High Court of Judicature at Allahabad, dismissing the application filed by the Petitioner under Section 482 of the Criminal Procedure Code, 1973 being case No.29704 of 2021, whereby the Petitioner had challenged the order dated 17 th September 2021 passed by the 4th Additional District and Sessions Judge, Hathras taking cognizance of the complaint filed by the Respondent No.2 under Section 365 read with Section 511 of the Indian Penal Code, 1860 (IPC) and Section 3(1)(Dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, hereinafter referred to as “the Atrocities Act”.
3. Earlier, on or about 1st January 2010, Smt. Meera Devi, wife of the Respondent No.2 had filed a complaint before the District Magistrate, Mahamaya Nagar District (now Hathras District) stating that the Respondent No.2 had been abducted by the brothers of the Petitioner No. 1, to forcibly make him vote in favour of their party, in the MLC election of 2010. In the said complaint it was alleged that the Petitioner had abused the Respondent No.2 by his caste, using filthy language.
6. A complaint was thereafter registered, pursuant to which Crime Case No. 17/2010 was started. The case was investigated by the Circle Inspector Sadabad, Hathras. After investigation, the Police filed a final report of closure of the case, opining that no incident of abduction, as alleged had taken place, and the complaint had been filed out of political animosity.
7. Meera Devi filed a Protest Petition which was dismissed. The High Court did not interfere with the order of dismissal of her Protest Petition. Meera Devi approached this Court. Pursuant to the orders of this court, further investigation was held by the CB CID. The Investigating Officer filed a final report dated 17.10.2018 in favour of the Petitioners. Meera Devi filed a Protest Petition. By an order dated 5th September 2020, the Special Judge under the Atrocities Act, Hathras rejected the Protest Petition filed by Meera Devi in Case No. 17/2010.
18. By an order dated 5th January 2022, the High Court admitted the application under Section 482 of the Cr.P.C. and stayed further proceedings in Complaint Case No.19/2018 pending in the Court of Additional District and Sessions Judge, Court No.4, Hathras.
19. However, on 7th March 2022, the High Court passed the impugned judgment and order rejecting the application filed by the Petitioners under Section 482 of the Cr.P.C.
20. Mr. Ranjit Kumar, learned Senior Advocate appearing on behalf of the Petitioners questioned the jurisdiction of the Additional District and Sessions Judge, Court No.2, Hathras, to take cognizance of the offence in Complaint Case No.19/2018.