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 :
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.