Amitabh Ray And 5 Others vs State Of U.P. & Another
2015 Latest Caselaw 649 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 12917 of 2015
 

 
Applicant :- Amitabh Ray And 5 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Ashwini Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Ahswini Kumar Srivastava, 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. 1207 of 2012, Smt. Depa Ray Vs. Amitabh Ray and others under Section 498A, 504, 506 I.P.C. and 3/4 D.P.Act, P.S. Sector 24 Noida, District Gautam Budh Nagar and summoning order dated 3.12.2012, pending before the Court of Additional Chief Judicial Magistrate, Ist Gautam Budh Nagar.

From perusal of the complaint, it appears that there is specific allegation against applicants no. 2, 3, 4, 5 and 6. So far as applicant no. 1 is concerned, there is specific allegation that he tried to strangulate the opposite party no.2 with her dupatta.

So far as applicants no. 2, 3, 4, 5 and 6 who are  in -laws of the 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, 5 and 6 are concerned, in Complaint Case No. 1207 of 2012, Smt. Depa Ray Vs. Amitabh Ray and others under Section 498A, 504, 506 I.P.C. and 3/4 D.P.Act, P.S. Sector 24 Noida, District Gautam Budh Nagar and summoning order dated 3.12.2012, pending before the Court of Additional Chief Judicial Magistrate, Ist Gautam Budh Nagar 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.