Search Results Page

Search Results

1 - 10 of 16 (0.25 seconds)
Mukesh Bhagubhai Patel vs State Of Gujarat on 13 July, 2023 cites

G. Sagar Suri And Anr vs State Of Up. And Ors on 28 January, 2000

5.2 Mr. Barot further contends that considering the fact that the dispute primarily involves the in-laws of the complainant, the applicant, being the complainant's father, was falsely implicated in the litigation. 5.3 He has relied on the judgment of the Hon'ble Apex Court in the case of G. Sagar Suri and Another versus State of U.P. and Others reported in (2000) 2 SCC 636, specifically, paragraph 7 is relevant and has submitted even this Court can exercise the powers at any stage irrespective of rejection of the discharge application, Page 7 of 25 Downloaded on : Sat Sep 16 21:21:14 IST 2023 NEUTRAL CITATION R/CR.MA/14342/2020 JUDGMENT DATED: 13/07/2023 undefined which will not come in the way of this Court to exercise the powers under Section 482 of the Cr.P.C. 5.4 Hence, he prays to allow the application by exercising the inherent powers under Section 482 of the Criminal Procedure Code, 1973 in view of the judgment of Hon'ble Supreme Court in the case of State of Haryana V/s Bhajan Lal reported in AIR 1992 SC 604. 6.1 Per contra, Mr. Maunish T. Pathak, the learned advocate for respondent No. 2 (the complainant), strongly opposes the prayers made in the present petition and the submissions made at the bar. He has drawn the Court's attention to the affidavit-in-reply filed by the complainant. He has annexed a copy of the order passed by the trial court at Exhibit 46 in Sessions Case No. 46 of 2021, wherein the trial court, in its order dated 21.4.2022, dismissed the discharge application filed by the applicant. Mr. Pathak has highlighted the relevant observations made by the trial court and argued that, upon reviewing the available evidence, the trial court found that the applicant called and sent threatening text messages to the complainant, indicating an intention to Page 8 of 25 Downloaded on : Sat Sep 16 21:21:14 IST 2023 NEUTRAL CITATION R/CR.MA/14342/2020 JUDGMENT DATED: 13/07/2023 undefined harm her. The evidence presented prima facie establishes the involvement of the accused-applicant. 6.2 Furthermore, Mr. Pathak has emphasized that the charge-sheet has been filed, and specific roles have been attributed to the applicant. Considering that the applicant is the father of the complainant, his natural conduct should have been to protect his daughter if wrongdoings were being committed by the in-laws. However, the tenor of the F.I.R. suggests that the applicant played an active role in the commission of the offence by instigating the in-laws.
Supreme Court of India Cites 15 - Cited by 1136 - D P Wadhwa - Full Document
1   2 Next