Smt. Asha Devi vs State Of U.P. And Another
2013 Latest Caselaw 3674 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 21011 of 2013
 

 
Applicant :- Smt. Asha Devi
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Anuj Bajpai
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Anuj Bajpai, learned counsel for the applicant and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the  entire criminal proceedings of Complaint Case No.1980 of 2011(Smt. Neelam Vs. Bablu @ Raju and  others), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Kotwali, District Shahjahanpur, pending in the Court of learned Chief Judicial Magistrate, Shahjahanpur.

The marriage between opposite party no.2 and and son of applicant, namely, Ram Kumar was solemnized in the year 2005. He further submits that the allegation levelled against  the applicant  are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicant 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 four weeks at the address given in the application.

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.

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

Order Date :- 4.7.2013

NS