Arvind Prasad Shandilya And 3 ... vs State Of U.P. & Another
2015 Latest Caselaw 462 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- APPLICATION U/S 482 No. - 12634 of 2015
 
Applicant :- Arvind Prasad Shandilya And 3 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- S.D. Kautilya,Kamlesh Kumar Yadav
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the applicants and the learned A.G.A.  

Learned counsel for the applicants has contended that from a bare perusal of the allegations made in the F.I.R., it is apparent that no offence under Section 498-A I.P.C. is made out. He, however, submits that the complainant was the widow of his brother and that there was no marital relationship between the applicants and the Opposite Party No.2. He further submits that the various allegations levelled in the F.I.R. even if found to be correct do not establish a commission of  offences under Sections 498-A,504 and 506 I.P.C.   

Matter requires consideration.

Issue notice to the opposite Party no.2 returnable within four weeks.

The matter be posted before the appropriate Court in the 1st week of August, 2015.

Let the learned A.G.A. and the opposite party no.2 may file their responses on this application in the meanwhile.

This matter shall not be treated as tied up or part heard to this Bench.

In the meanwhile and till the next date of listing, further proceedings in charge-sheet dated 16/5/2013, in Case Crime No.236 of 2013 under Sections 498-A,504 and 506 I.P.C.  Police Station: Civil Lines, District:Allahabad, (State Vs. Arvind Prasad Shandilya & Others), pending in the Court of the learned Chief Judicial Magistrate, Allahabad, District:Allahabad shall remain stayed.  

Order Date :- 8.5.2015

SB