Krishna Kumar Gupta vs State Of U.P. And Another
2014 Latest Caselaw 8000 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- APPLICATION U/S 482 No. - 44314 of 2014
 

 
Applicant :- Krishna Kumar Gupta
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Satish Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajan Roy,J.

Heard learned counsel for the applicant and learned AGA for the State.

The present application under section 482 Cr.PC has been filed for quashing the summoning order dated 2.7.2014 passed by Addl. Chief Judicial Magistrate 1st, Jaunpur in Complaint Case No. 765 of 2013 (Anju Devi Vs. Krishna Kumar Gupta) under sections 498- A IPC and 3/4 Dowry Prohibition Act, police station Shahganj, district Janpur.

The contention of the counsel for the applicant is that the opposite party no. 2 herself stated that she had a pregnancy of 8 months and she has been beaten brutally by the applicant and his family members, but she has neither sustained injury nor medically examined. Further contention is that opposite parry no. 2 is a ultra modern lady and is unable to adjust in the family of the applicant. Opposite party no. 2 has falsely implicated the applicant. Hence the entire proceeding initiated against the applicant is an abuse of process of law.

Considering the facts and circumstances of the case, I do not find any ground for quashing the impugned action, however, the applicant is permitted to file an application for his discharge before the court concerned within 30-days. If such application is filed, the same may be considered and decided in accordance with law within a period of one month thereafter.

Till disposal of the application for discharge, no coercive action shall be taken against the applicant. The applicant shall cooperate in the disposal of the application for discharge and shall not seek adjournments.

Order Date :- 3.11.2014

SKS