Rajesh Kumar And 3 Others vs State Of U.P. And Another
2013 Latest Caselaw 3432 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 20255 of 2013
 
Applicant :- Rajesh Kumar And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Girish Singh
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Heard Sri Girish Singh, learned counsel for the applicants and learned AGA for the State.

It is contended by the learned counsel for the applicants that the marriage of co-accused Santosh Kumar with opp. party No.2  was solemnized in the year 2003. He further submits that the applicants are the family of the husband of opp. party No.2  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 opp. party No. 1 has been accepted by the learned AGA.

Issue notice to opp. party No.2 returnable within four weeks at the address given in the petition.

Opp. 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 the appropriate Bench.

Till the next date of listing, further proceedings of complaint case No.311 of 2012, Smt. Sumanlata Vs. Santosh Kumar and others, under Sections 498-A,506 I.P.C. and 3/4 Dowry Prohibition Act, pending in the Court of  A.C.J. (J.D.), Ist, Shahjahanpur shall remain stayed against the applicants.

It is made clear that the proceedings against the co- accused Santosh Kumar (Husband) shall go on, if there  is no legal impediment.

Order Date :- 1.7.2013

NS