Anil Gupta (Correct Name Anil ... vs The State Of U.P And Anr.
2014 Latest Caselaw 3002 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 3008 of 2014
 

 
Applicant :- Anil Gupta (Correct Name Anil Kumar Gupta) And Ors.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Ram Naresh Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Learned counsel appearing for the petitioners contends that petitioner no.1 got married to respondent no.2 in the year 2009.  Respondent no.2 left the matrimonial home sometime in 2011.  All efforts for reconciliation have been made. Somuch as the petitioner has also filed a petition under Section under Section 9 of the Hindu Marriage Act praying for restitution of conjugal rights.  Respondent no.2, however, has not joined the matrimonial home.  These criminal proceedings have been initiated on account of matrimonial discord.

Learned counsel has further argued that provisions of Section 202(1) Code of Criminal Procedure have not been followed.  No enquiry has been conducted and, therefore, order of summoning is vitiated.

Issue notice to respondent no.2, returnable on 19.8.2014.

List on 19.8.2014.

Respondent No.2 and petitioner no.1 shall remain present on the said date to enable this Court to make an attempt at reconciliation.

Respondents would also be required to show jurisdiction in proceedings in context of contention of learned counsel for the petitioners, noted above.

Further proceedings in Criminal Complaint No.30 of 2013 under Section 498A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Pachpedwa, District Balrampur, shall remain stayed till the next date of listing only.

Order Date :- 11.7.2014

A.Nigam