Mohd.Javed And 6 Ors. vs State Of U.P. And Another
2014 Latest Caselaw 6239 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 37733 of 2014
 

 
Applicant :- Mohd.Javed And 6 Ors.
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohd. Maseeh,W.A. Siddiqui
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsels for the parties and perused the record.

Learned counsel for the applicant contended that it is matrimonial dispute, however due to misunderstanding and on the basis of false allegation the impugned complaint has been filed not only against the husband but also against the entire family including the married Nanand Nanandoi who are living separately.

In respect of applicant no. 5, 6 and 7, issue notice to opposite party no. 2,returnable at an early date.

List after six weeks .

Till the next date of listing, further proceedings against the applicant no.5, 6 and 7 in complaint case no. 2415 of 2013, under Sections 498A, 323, 506 I.P.C. P.S. Colonelganj, District Allahabad shall remain stayed.

In respect of applicant no.1,2,3 and 4 prayer is refused.

However, if the applicant no.1, 2, 3 and 4 appear before the court concerned within 30 days and apply for bail, it is expected that the same will be considered and disposed off, expeditiously in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437, after giving opportunity to public prosecutor. If the bail application could not be decided on the same day then they may be released on interim bail till disposal of the bail application.

Order Date :- 9.9.2014

AHN