JUDGEMENT OVERVIEW

COURT :  Supreme Court of India (Division Bench (DB)- Two Judge)

JUDGEMENT NAME : VIKRANT VIKAL TRIPATHI VERSUS STATE OF UTTAR PRADESH & ANR. Appeal (Crl.),  of 2021

JUDGEMENT DATE : Sep 28, 2021

RELATED SECTIONS : INDIAN PENAL CODE, 1860

Section 506 – Punishment for criminal intimidation

Section 323 – Punishment for voluntarily causing hurt

Section 504 – Intentional insult with intent to provoke breach of the peace

Section 498 A – Husband or relative of husband of a woman subjecting her to cruelty

DOWRY PROHIBITION ACT, 1961

IMPORTANT PARAGRAPH :  

Leave granted.

The present appeal has been preferred assailing the order

dated 20.02.2018 passed by the High Court of Judicature at

Allahabad, Lucknow Bench rejecting application seeking

transfer of FIR No. 80/2013 dated 29.04.2013 for offence under

Sections 498-A, 323, 504, 506 of the Indian Penal Code (for

short ‘the IPC’) and under Section 3/4 of the Dowry

Prohibition Act registered at P.S. Talkatora, District

Lucknow, Uttar Pradesh to District Fatehpur and tagged along

with FIR No. 289/2013 dated 01.07.2013 registered at P.S.

Kotwali, District Fatehpur instituted at the instance of

estranged wife (respondent no.2).

This Court while issuing notice on 07.05.2018 stayed

further proceedings in connection with the FIR No. 80/2013

dated 29.04.2013. It reveals from the record that notice has

been duly served on respondent no.2, but no one has put in

appearance on her behalf.

LAST PARAGRAPH : 

It is informed that 1st October, 2021 has been fixed by

the learned trial Judge in the proceedings and for recording

presence of the appellant. The appellant shall appear and

record his presence on the date fixed before the learned trial

Judge, i.e. 1st October, 2021.

We direct that further proceedings in reference to both

the afore-stated FIR No. 80/2013 and FIR No. 289/2013 be taken

up together by the Trial Judge.

With these observations, the appeal stands disposed of.