Babulal Yadav vs State Of U.P on 11 March, 2026

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    Babulal Yadav vs State Of U.P on 11 March, 2026

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                                                IN THE SUPREME COURT OF INDIA
                                               CRIMINAL APPELLATE JURISDICTION
    
                                                CRIMINAL APPEAL NO(S).1300/2026
                                           [Arising out of SLP (Crl.) No.4027/2026]
    
    
                             BABULAL YADAV & ANR.                                         APPELLANT(S)
    
                                                              VERSUS
    
                             STATE OF U.P & ANR.                                          RESPONDENT(S)
    
    
                                                             O R D E R
    

    1. Leave granted.

    2. This appeal arises from the order passed by the High

    SPONSORED

    Court of Judicature at Allahabad dated 08.10.2025 in an

    application filed by the appellants herein bearing

    no.11701/2025 by which the application preferred by the

    appellants seeking to challenge the order passed by the Trial

    Court declining to discharge the two appellants from Sessions

    Case No.726/2024 came to be rejected.

    3. To put it briefly, the appellants are sought to be put to

    trial in the Court of the Additional District Judge F.T.C.-II

    in Sessions Case No.726/2024 arising out of Case Crime

    No.81/2023 registered with Chetganj Police Station, District

    Varanasi for the offence punishable under Sections 498A, 304B,

    323 and 506 of the Indian Penal Code (for short, “the IPC”),

    respectively and Sections 3 and 4 of the Dowry Prohibition Act
    Signature Not Verified

    Digitally signed by
    HARPREET KAUR
    Date: 2026.03.25
    (for short, “the D.P. Act”), respectively.
    18:38:49 IST
    Reason:

    4. We take notice of the fact that First Information Report

    came to be lodged by the father of the deceased against in all
    2

    seven accused persons. The FIR lodged by the father reads

    thus:-

    “12. First Information Contents:

    To: Station Incharge, Police Station CHETGANJ,
    Varanasi, Sir, I request that the applicant Om
    Prakash Yadav, s/o late Mangru Yadav, r/o CK 65/423
    Badi Pyari, Police Station Chowk, Varanasi. My
    daughter Muskan Yadav alias Neha Yadav was married
    on 06.12.2020 to Sameer Yadav alias Boo, son of
    late Raju Yadav, r/o C4/234 Sarai Govardhan, PS
    CHETGANJ, Varanasi. Sir, a few days after marriage,
    husband Sameer Yadav, uncle Babu Lai Yadav, Naresh
    Yadav and younger brother Pawan Yadav, aunt Rita
    Yadav, sister-in-law Neha Yadav and brother-in-law
    Govind Yadavare residents of Pandeypur Varanasi.
    Sir, the above-mentioned people used to harass my
    daughter every day by demanding cash as dowry and
    treating her like a servant. Sir, my son-in-law was
    addicted to alcohol and gambling. Every day after
    drinking alcohol, he used to come home and beat my
    daughter. We tried to make Sameer understand many
    times but the above-mentioned people used to
    threaten us that they will kill your daughter and
    marry someone else and after insulting us, they
    used to drive us out of their house. Sir, on the
    night of 13.08.2023 at about 1:30 am, I received a
    call from my daughter’s in-laws that your daughter
    had hanged herself, but when we went to the spot,
    my daughter’s body was found hanging from the fan
    in a suspicious condition. Sir, my daughter was
    murdered for dowry by the above-mentioned in-laws.
    Therefore, I request you to accept my application
    and kindly take appropriate action. Dated
    14.08.2023 Applicant Signature Hindi readable Om
    Prakash Yadav 7905344340 Note: This was typed
    verbatim by me, Hon’ble Mr. Puneet Kumar Singh.”

    5. The two appellants before us are accused nos.2 and 3,

    respectively in the FIR. The accused no.1 figuring in the FIR,

    namely, Sameer Yadav is the husband of the deceased. The other

    accused persons, i.e., accused nos.4, 5, 6 and 7 respectively,

    are family members of the husband.

    6. The case put up by the prosecution is one of dowry death.
    3

    7. At the end of the investigation, the Investigating

    Officer thought fit to file chargesheet against four accused

    persons named in the FIR.

    8. A closure report was filed insofar as the three lady

    accused are concerned.

    9. It also appears that the appellants before us preferred a

    discharge application under Section 227 of the CrPC before the

    Trial Court. The said discharge application came to be

    rejected.

    10. Being dissatisfied with the order passed by the Trial

    Court, they went before the High Court, invoking the

    Supervisory Jurisdiction under Article 227 of the Constitution

    of India. The High Court also declined to interfere in the

    matter.

    11. In such circumstances, the appellants are here before us

    with the present appeal.

    12. We heard Mr. Bhuwan Raj, the learned counsel appearing

    for the appellants and Mr. Garvesh Kabra, the learned counsel

    appearing for the State.

    13. We take notice of the fact that both the appellants

    before us are brothers of the father-in-law of the deceased.

    14. Having regard to the omnibus nature of allegations

    levelled in the FIR and also considering the overall materials

    on record, we are of the view that it will be a travesty of

    justice to put the two appellants before us to trial on the

    accusation of having committed offence of dowry death.

    15. We fail to understand what has the two brothers of the
    4

    father-in-law of the deceased to do with the demand of dowry.

    At times, Court should look or rather read in between the

    lines insofar as the allegations are concerned. It appears

    that the entire family has been dragged into this matter.

    16. In such circumstances referred to above, we allow this

    appeal. The impugned order passed by the High Court is set

    aside.

    17. The accused appellants before us stand discharged from

    the Sessions Case No.726/2024 referred to above.

    18. The trial shall now proceed against the other two

    accused, in accordance with law.

    19. Pending application(s), if any, shall stand disposed of.

    …………………………………………….J
    (J.B. PARDIWALA)

    …………………………………………….J
    (K.V. VISWANATHAN)

    NEW DELHI
    11TH MARCH, 2026
    5

    ITEM NO.46 COURT NO.7 SECTION II

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petition(s) for Special Leave to Appeal (Crl.) No(s).4027/2026

    [Arising out of impugned final judgment and order dated 08-10-2025
    in MP No. 11701/2025 passed by the High Court of Judicature at
    Allahabad]

    BABULAL YADAV & ANR. Petitioner(s)

    VERSUS

    STATE OF U.P & ANR. Respondent(s)

    Date : 11-03-2026 This petition was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE J.B. PARDIWALA
    HON’BLE MR. JUSTICE K.V. VISWANATHAN

    For Petitioner(s) : Mr. Bhuwan Raj, AOR

    For Respondent(s) : Mr. Garvesh Kabra,AOR
    Mr. Ankur Agnihotri, Adv.

    Mr. Kanik N. Jindal, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Leave granted.

    2. The appeal is allowed in terms of the singed order which

    is placed on the file.

    3. Pending application(s), if any, shall stand disposed of.

    (HARPREET KAUR)                                    (POOJA SHARMA)
    COURT MASTER (SH)                                COURT MASTER (NSH)
    



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