Tanima Saxena (U/A-227) vs The State Of U.P And Ors.
2013 Latest Caselaw 2164 ALL

Citation : 2013 Latest Caselaw 2164 ALL
Judgement Date : 15 May, 2013

Allahabad High Court

Tanima Saxena (U/A-227) vs The State Of U.P And Ors. on 15 May, 2013

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- MISC. SINGLE No. - 3193 of 2013
 

 
Petitioner :- Tanima Saxena (U/A-227)
 
Respondent :- The State Of U.P And Ors.
 
Petitioner Counsel :- Atul Verma
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1. Learned counsel for the petitioner has asserted that the petitioner just after nine months of marriage has been shunted out of the matrimonial house on account of victimization by the husband and his relatives.

2. Proceedings had been initiated in which the matter was referred to Mediation and Conciliation Centre at the district level. The husband did not appear, although as many as seven opportunities had been given. In none of the litigations, husband of the petitioner has appeared in total abuse of process of the law and process of the court and in disregard to the judicial process. Learned counsel has impressed on the court that it is a fit case in which powers under Article 227 of the Constitution of India should be exercised and appropriate directions should be given to the respondents to appear before various forums and face the consequences of the offences committed by the private respondents.

3. On going through the ordersheet appended with the petition, I find that indeed on seven occasions husband did not appear before the Mediation Centre and for non-appearance of the husband mediation has failed. Chargesheet has not been filed by the investigating agency for no reason, although crime was reported on 06.10.2012.

4. Issue notice to respondent nos.2, 3, 4 and 6 through the Chief Judicial Magistrate, Bareilly and respondent no.5 be served through the Chief Judicial Magistrate Saharanpur.

5. Superintendent of Police Bareilly is directed to show reasons for not finalising the investigation in regard to Case Crime No.221 of 2012 under Sections 498A/323/506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Talkatora, District Lucknow.

6. Let the compliance be made through State also.

7. Registrar shall also ensure compliance.

8. List on 05.7.2013 on which date respondent no.2 to 6 shall remain present in court.

Order Date :- 15.5.2013

A.Nigam