Brijesh Kumar Mishra vs State Of U.P.And Another
2013 Latest Caselaw 2069 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 263 of 2007
 

 
Petitioner :- Brijesh Kumar Mishra
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Alok Kumar Tripathi
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

This application under section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of criminal case No. 383 of 2006 under section 498A IPC and section 3/4 D.P. Act pending in the court of learned II-Addl. Civil Judge (Jr. Div.), Pratap Garh.

From the perusal of the record it appears that in the present case chargesheet has been submitted in case crime No. 41 of 2006 under section 498-A IPC and section 3/ 4 D.P. Act, P.S. Sangipur, District Pratapgarh on which after perusing the case diary learned Magistrate concerned has taken the cognizance and summoned the applicant to face the trial. The material collected by the I.O. during investigation is prima facie disclosing the commission of the offence under section 498-A IPC and section 3/4 D.P. Act. The learned Magistrate concerned has not committed any error in taking the cognizance and summoning the applicant vide order dated 26.9.2006.Therefore, the prayer for quashing the proceedings of the above mentioned case is refused.

However, considering the submission made by learned counsel for the applicant that in the present case  the FIR has been lodged on account of matrimonial dispute, the application under section 13 of Hindu Marriage Act has also been allowed. The applicant has also performed the marriage with some other woman and O.P. No. 2 has also performed the marriage with some other person. In such circumstances, it is directed that in case the applicant moves the discharge application through his counsel before the counsel before the court concerned within 30 days from today, the same shall be heard and disposed of expeditiously after hearing the O.P. No. 2. Till the disposal of that application no coercive steps shall be taken against the applicant.

The interim order dated 26.2.2007 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 14.5.2013

RPD