Vikaluddin @ Bhurey And 6 Others vs State Of U.P. & Another
2015 Latest Caselaw 842 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- APPLICATION U/S 482 No. - 15702 of 2015
 

 
Applicant :- Vikaluddin @ Bhurey And 6 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Bharat Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri Bharat Singh, learned counsel for applicants and learned A.G.A for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of  Case No.494/2014, under Sections 498-A/323/506 IPC and 3/4 D.P. Act, P.S. Bilsi, Badaun, pending in the court of A.C.J.M.IInd, Budaun.

It is contended that applicant no.1 is the husband. Applicant nos. 2 to 7 are  the family members of applicant no.1 and the allegation levelled against them, are wholly vague and no specific allegation has been levelled against them. 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, who is 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 applys 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.

Prima facie, there is merit in the submission in respect of applicant nos. 2 to 7.

Learned A.G.A. has accepted notice on behalf of O.P. No.1.

Issue notice to opposite party no.2 returnable at an early date.

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

List in the week commencing 28.9.2015 before  the appropriate Court.

Till the next date of listing, further proceedings of No.494/2014, under Sections 498-A/323/506 IPC and 3/4 D.P. Act, P.S. Bilsi, Badaun, pending in the court of A.C.J.M.IInd, Budaun, shall remain stayed in so far applicant nos. 2 to 7 are concerned.

Order Date :- 5.6.2015

RS