Hemant Kumar And 4 Others vs State Of U.P. & Another
2015 Latest Caselaw 648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 12918 of 2015
 

 
Applicant :- Hemant Kumar And 4 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Dharm Vir Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Dharm Vir Singh, learned counsel for the applicants and learned A.G.A. for the State and perused the record.

The applicants are seeking quashing of the proceedings of Complaint Case No. 732 of 2014, Smt. Poonam Vs. Hemant Kumar and others, under Sections 498A, 406, 506 I.P.C. and 3/4 D.P.Act, P.S. Kasganj, District Kasganj and summoning order dated 11.6.2014, pending before the Court of Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Kasganj.

From perusal of the complaint, it appears that there is no specific allegation against applicants no. 2, 3, 4 and 5. So far as applicant no. 1, who is the husband of opposite party no.2, there are specific allegations against him.

So far as applicants no. 2 and 3 who are father-in-law and mother-in-law resoectively applicants no.4 is the married Nanad and applicant no.5 is the unmarried Nanad of opposite party no.2, are concerned, primafacie there appears to be a case for the grant of interim protection in their favour.

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

Steps for service shall be taken by the applicants within three days.

Opposite party no. 2 may file counter affidavit within four weeks.

List thereafter.

Till the next date of listing further proceedings, so far as applicants no. 2, 3, 4 and 5  are concerned, in Complaint Case No. 732 of 2014, Smt. Poonam Vs. Hemant Kumar and others, under Sections 498A, 406, 506 I.P.C. and 3/4 D.P.Act, P.S. Kasganj, District Kasganj and summoning order dated 11.6.2014, pending before the Court of Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Kasganj shall remain stayed.

However, so far as applicant no. 1, who is husband of the complainant, is concerned, it is provided that in case he appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

Order Date :- 25.5.2015

Ashish Pd.