Mumtaj Ahmad And 3 Others vs State Of U.P. And Another
2015 Latest Caselaw 3190 ALL

Citation : 2015 Latest Caselaw 3190 ALL
Judgement Date : 14 October, 2015

Allahabad High Court

Mumtaj Ahmad And 3 Others vs State Of U.P. And Another on 14 October, 2015

Bench: Pankaj Naqvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 31065 of 2015
 
Applicant :- Mumtaj Ahmad And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Anil Kumar Srivastava,Dharmaveer Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the cognizance order dated 17.4.2013, charge sheet dated 27.3.2011 as well as further proceedings of Criminal Case No. 1381 of 2013 under Sections 363, 366, 376, 120B, 504 and 506 IPC, P.S.- Kotwali, District Mau, pending in the court of Chief Judicial Magistrate, Mau.

It is submitted that applicant no.1 is married to the daughter of O.P.No.2. Learned counsel for the applicants submits that the learned Magistrate under order dated 25.03.2011 rejected the application for recording the statement of the victim under Section 164 Cr.P.C. merely because the victim supported the prosecution case which was in teeth of Section 164A of the Code. Learned counsel further invited the attention of the Court towards medical report of the victim which indicated that the victim was about 18 years. He further submits on the strength of the averments made in paragraph 22 of the affidavit that the victim after her marriage is living with applicant no.1 as his wife and out of said wedlock two issues are born.

It is thus contended that against the above backdrop, the prosecution of the applicants is an abuse of the process of the court, liable to be quashed.

Issue notice to opposite party no.2. He may file counter affidavit within a month. Rejoinder, if any, may be filed within two weeks thereafter. List thereafter.

Till the next date of listing, further proceedings of Criminal Case No. 1381 of 2013 under Sections 363, 366, 376, 120B, 504 and 506 IPC, P.S.- Kotwali, District Mau, pending in the court of Chief Judicial Magistrate, Mau shall remain stayed.

Order Date :- 14.10.2015/sc