Mohammad Ahmad @ Faisal And 3 ... vs State Of U.P. And Another
2015 Latest Caselaw 1940 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 24802 of 2015
 

 
Applicant :- Mohammad Ahmad @ Faisal And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Manoj Kumar Singh Solanki
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Vakalatnama filed today is taken on record.

Heard Sri Manoj Kumar Singh Solanki learned counsel for the applicants and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of summoning order dated 30.7.2015 in Complaint Case No.751 of 2015, under Sections 498-A IPC and 3/4 D.P. Act, P.S. Dumariyaganjn, Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharthnagar.

It is contended that applicant no.1 is the husband, applicant nos. 2 to 4 are the family members of applicant no.1 and the allegations levelled against them, are general and vague with no specificity. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra vs. State of U.P. and others, 2012 (10) ADJ 464.

The prayer in respect of applicant no.1, the husband, is refused.

However, it is directed that if applicant no. 1 appears and surrenders before the court below within four weeks from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in view of the settled law laid by this Court in the case of Amrawati and Another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC), Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of six weeks from today or till the applicant no.1 surrenders and applies for bail whichever is earlier, no coercive action shall be taken against applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

Opposite parties may file counter affidavits within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

List in the week commencing 7.12.2015 before the appropriate Court.

Till the next date of listing, further proceedings of Complaint Case No.751 of 2015, under Sections 498-A IPC and 3/4 D.P. Act, P.S. Dumariyaganjn, Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharthnagar, shall remain stayed in so far applicants nos. 2 to 4 are concerned.

Order Date :- 24.8.2015

Ashish Pd.