HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- U/S 482/378/407 No. - 2713 of 2015 Applicant :- Mohd. Munijar @ Manager Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Alok Srivastava Ii Counsel for Opposite Party :- Govt. Advocate Hon'ble Shashi Kant,J.
Heard Sri Alok Srivastava II, learned counsel for the applicant and learned A.G.A. for the State of U.P.
This application under Section 482 Cr.P.C. has been filed for to stay the proceedings of Criminal Case No. 219/15/10, under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Dhaneypur, District Gonda, pending in the Court of learned VIII Additional Civil Judge, (Junior Division)/Judicial Magistrate, Gonda and also stay the operation and implementation of the impugned summoning order dated 18.10.2011 passed by learned Judicial Magistrate-II, Gonda and impugned non-bailable-warrant dated 17.04.2015 issued by the learned VIII Additional Civil Judge, (Junior Division)/ Judicial Magistrate, Gonda.
Learned counsel for the applicant submits that opposite party no. 2 has adopted the course of two proceedings simultaneously in the same matter i.e. by filing of the complaint case and lodging of the F.I.R. Learned counsel for the applicant further submits that during the pendency of aforesaid application under Section 156 (3) Cr.P.C., the opposite party no. 2, by concealing the fact of pendecny of aforesaid application, also lodged a false FIR against the applicant and his family members on 30.12.2010 vide case crime no. Nil of 2010, under Sections 498-A, 494, 323, 504, 506 and 379 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Dhaneypur, District Gonda, later on registered case crime no. 267 of 2011, P.S. Rehra Bazar, District Balrampur, levelling therein the allegation of application of under Section 156 (3) Cr.P.C.
Learned counsel for the applicant further submits that in pursuance of the aforesaid FIR, the applicant was arrested by the police, after his arrest, the applicant applied for bail in Case Crime No.267 of 2011 and he was granted bail by the learned Judicial Magistrate/Civil Judge (Junior Division), Utraula, Balrampur vide order dated 25.04.2011.
Learned A.G.A. prays for and is granted two weeks time to seek instructions in the matter.
Issue notice to the opposite party no. 2, returnable at an early date.
Necessary steps be taken by the applicant within a week.
List in the month of July, 2015 along with lower court record.
Till the next date of listing, the effect and operation of the proceedings of Criminal Case No. 219/15/10, under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Dhaneypur, District Gonda, pending in the Court of learned VIII Additional Civil Judge, (Junior Division)/Judicial Magistrate, Gonda and the operation and implementation of the impugned summoning order dated 18.10.2011 passed by learned Judicial Magistrate-II, Gonda and impugned non-bailable-warrant dated 17.04.2015 issued by the learned VIII Additional Civil Judge, (Junior Division)/ Judicial Magistrate, Gonda shall remain stayed.
Order Date :- 12.6.2015 Monika