Kapil And Others vs State Of U.P. And Another
2013 Latest Caselaw 655 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 4342 of 2012
 
Petitioner :- Kapil And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- A. Kumar Srivastava
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri B.N. Rai, learned counsel for the applicants and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 512 of 2011,  under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section  3/4 D.P. Act, police station Naytore,  District Bijnor pending in the Court of Learned Upper Civil Judge (Senior Division) District Bijnor.

The marriage between applicant no.1 and opposite party no.2 was solemnized in the year 2007.

After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant no.1 is concerned, there is no justification for quashing the prosecution of the aforementioned case.

The prayer to that extent on behalf of applicant no.1, namely, Kapil son of Prakashi is hereby refused.

However, it is directed that in case the applicant no.1 appears and surrender before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

It is made clear that the applicant no.1 will not be granted any further time by this Court for surrendering before the Court below as directed above.

So far as applicant nos.2 to 4 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no.1 and the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable within six weeks at the address given in the application. If the requisites for issuing the notice under Registered Postal Cover with Acknowledgment Due are not filed within ten days, this application shall stand dismissed without further reference to any Bench of this Court. Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.

List immediately after expiry of the aforesaid period before appropriate Bench.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant nos. 2 to 4.

Order Date :- 10.4.2013/Priyanka