Subi Bano @ Subiya Bano And Ors. vs The State Of U.P And Anr.
2015 Latest Caselaw 862 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 2633 of 2015
 

 
Applicant :- Subi Bano @ Subiya Bano And Ors.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- M.S Khan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard Sri M.S. Khan, learned counsel for applicant and learned A.G.A. for the State of U.P.

This application under Section 482 Cr.P.C. has been filed  for quashing the entire proceedings of Criminal Case No. 4242 of 2014, Rehan Khan Vs. Hazi Munna and other, under Sections 323, 504, 506 and 406 I.P.C., Police Station Wazirganj, District Lucknow, pending in the Court of learned Special Additional Chief Judicial Magistrate, C.B.I. (Ayodhya Prakhan), Lucknow and impugned summoning order dated 29.04.2015 passed by learned Special Additional Chief Judicial Magistrate, C.B.I. (Ayodhya Prakaran), Lucknow.

Learned counsel for the applicant submits that opposite party no. 2 has earlier filed a Habeas Corpus petition no. 64 of 2014 (Sabiya Bano Alias Subi vs. State of U.P. and others) which has been dismissed vide order dated 9.4.2014 and it is held therein that " as there is dispute as to whether the alleged detenue is married with Rehan and Maqsood and it requires evidence and this Court while dealing with the petition can not record the evidence, hence this petition is, in the light of statement of detenue in the Court, dismissed" and now false application under Section 156(3) Cr.P.C. has been filed for lodging of the F.I.R. which has been treated as a complaint case by the Magistrate and after recording the evidence of the opposite party no. 2, impugned summoning order dated 29.04.2015, under Sections 323, 504, 506 and 406 I.P.C has been passed against the applicant which is a clear misuse process of law.

Learned A.G.A. has also conceded the above submissions up to the extent that Habeas Corpus petition filed by the opposite party no. 2 has been dismissed along with above observations.

Keeping view of the above, it is desirable that operation of the impugned summoning order dated 29.04.2015 be stayed till the next date of listing.

Admit.

Issue notice to the opposite party no. 2, through R.P.A.D., returnable at an early date.

Applicant is directed to take necessary steps within a week.

List in the 3rd week of July, 2015.

Till the next date of listing, the operation of the impugned summoning order dated 29.04.2015 passed by learned Special Additional Chief Judicial Magistrate, C.B.I. (Ayodhya Prakaran), Lucknow, under Sections 323, 504, 506 and 406 I.P.C.,Police Station - Wazirganj, District Lucknow shall remain stayed.

Order Date :- 9.6.2015

Monika