Vipin Sharma @ Ashu And 4 Others vs State Of U.P. And Another
2015 Latest Caselaw 651 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 
Case :- APPLICATION U/S 482 No. - 12903 of 2015
 

 
Applicant :- Vipin Sharma @ Ashu And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajay Kumar Chaudhary
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Ajay Kumar Chaudhary, learned counsel for the applicants and learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case no. 4715 of 2014, Smt. Priyanka Sharma Vs. Vipin Sharma and others, under Sections 498A, 323 IPC and 3/4 D.P.Act, Police Station-Mandi District- Saharanpur pending in the court of A.C.J.M. Saharanpur.

From perusal of the complaint, it appears that other than the applicant no.1, who is the husband of the opposite party no.2, so far as the applicants no. 2, 3, 4 and 5 are concerned, the allegations are general in nature. 

I have gone through the allegations made in the complaint  which as well as the summoning order,  and I do not find any good ground for interference. Allegations  have been reiterated by the complainant in his evidence under Section 200 Cr.P.C. and  by witnesses under Section 202 Cr.P.C. The application is accordingly rejected.

However, so far as the applicant no. 1 is concerned, it is directed that in case the applicant no.1 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 down 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.

It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

So far as the application of applicants no. 2, 3, 4 and 5 is rejected. The matter requires consideration.

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

List after four weeks.

Applicants will take steps to serve the notice upon opposite party no.2 within three days.

Opposite party may file counter affidavit within four weeks.

Till the next date of listing, proceedings in Complaint Case no. 4715 of 2014, Smt. Priyanka Sharma Vs. Vipin Sharma and others, under Sections 498A, 323 IPC and 3/4 D.P.Act, Police Station-Mandi District- Saharanpur pending in the court of A.C.J.M. Saharanpur shall remain stayed.

Sri Ajay Kumar Chaudhary, learned counsel for the applicants is permitted to correct the number of the complaint case as 4715 of 2014 in stead of 4714 of 2014 today itself.

Order Date :- 25.5.2015

Ashish Pd.