Amit Kumar Chaubey And 3 Others vs State Of U.P. & Another
2014 Latest Caselaw 7703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 42550 of 2014
 

 
Applicant :- Amit Kumar Chaubey And 3 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Suraj Kumar Singh,Rishabh Agarwal
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Heard learned counsel for the applicants and Sri V,K,Singh Chandel, learned counsel for opposite party no. 2.

This criminal misc. application u/s 482 has been filed for quashing the order dated 21.8.2014 passed by Addl. Chief Judicial Magistrate, Court No X in Complaint Case No. 5057 of 2012 (Ashok Kumar Upadhyay Vs. Amit Chaubey and others) under section 498-A, 323, 3/4 Dowry Prohibition Act, police station Jansa, Varanasi.

The complainant/opposite party no. 2, father of the girl filed an application under section 156(3) Cr.P.C. against the applicants with the allegations that the marriage of his daughter  Archana was solemnized with applicant no. 1 in which adequate dowry was given by him, yet her daughter was physically and mentally harassed for additional dowry. Learned Magistrate treated the application as complaint case, recorded statement of complainant, and his witnesses and proceeded to summon the applicants on dated 29.7.2013. The applicants  filed an application under section 482 Cr.PC. No. 43600 of 2013 challenging the order dated 29.7.2013. This Court on 2.12.2013 disposed of the said application with the direction that the applicants may claim discharge under section 245(2) Cr.P.C.. This court had also granted protection to applicants for three months from 2.12.2013 or till disposal of the discharge application, whichever is earlier. Subsequently, the discharge application was rejected on 30.7.2014. The order dated 30.7.2014 was not subjected to challange before the superior court. However, on 21.8.2014 matter was taken up by the trial court and as the applicants/accused were absent, the court below proceeded to issue non bailable warrant fixing 18.10.2011.

It is contended that the applicants reside in Pune, Maharashtra and applicant no. 2 is an infirm lady, suffering from various decease, whereas  Applicant nos. 1, 3 and 4 are young college going students at Pune.

Be that as it may, this Court is of the view that the ends of justice would be served if the applicants surrender themselves before the trial court within a period of one month from today. However, in case the applicants surrender before the court concerned within the aforesaid period, execution of non-bailable warrant dated 21.8.2014 shall  remain stayed for a period of six seeks from today or till disposal of the bail application, whichever is earlier.

With the aforesaid observations, the application is finally disposed of.

Order Date :- 27.10.2014

SKS