Vishambhar Dayal And 4 Ors. vs State Of U.P. And Another
2014 Latest Caselaw 6935 ALL

Citation : 2014 Latest Caselaw 6935 ALL
Judgement Date : 24 September, 2014

Allahabad High Court

Vishambhar Dayal And 4 Ors. vs State Of U.P. And Another on 24 September, 2014

Bench: Arvind Kumar Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 41885 of 2014
 

 
Applicant :- Vishambhar Dayal And 4 Ors.
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.B. Verma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Learned counsel for the applicants is permitted to correct the prayer of the application.

Heard learned counsels for the parties and perused the record.

Learned counsel for the applicant contended that it is matrimonial dispute the opposite party no.2 was married with Anil son of applicant no.1, and 2. It appears that some dispute in between the husband and wife arose she not only left matrimonial house but also filed the complaint not only against the husband but also against the entire family including Nanand and Nandoi.

In respect of applicant no. 4 and 5, issue notice to opposite party no. 2,returnable at an early date.

List after six weeks .

Till the next date of listing, further proceedings of complaint case no. 370 of 2012, under Sections 498A, 323, 506 I.P.C. & 3/4 D.P. Act, P.S. Chhibramau, District Kannauj shall remain stayed against the applicant no.4 and 5.

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

However if applicant no.1, 2 and 3 appear before the court concerned within four weeks 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 applicant no.1,2 and 3 may be released on interim bail till disposal of the bail application.

Order Date :- 24.9.2014

AHN