Firasat @ Bhoora And 5 Others vs State Of U.P. And Another
2017 Latest Caselaw 2510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- APPLICATION U/S 482 No. - 21154 of 2017
 

 
Applicant :- Firasat @ Bhoora And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

This application under Section 482 Cr.P.C. has been moved with the prayer to quash the impugned proceeding of Complaint Case No.3181 of 2016 (Smt. Uzma vs. Firasat @ Bhoora and others), under Sections 498-A 323, 504 I.P.C., Police Station Deoband, District Saharanpur.

It is submitted by the learned counsel for the applicants that there is general allegation in the complaint and the complainant was living at her parental house for the last more than one year and the incident dated 8.12.2016 is shown to have occurred at the house of the parent of the complaint in which all the family members of the husband are being involved on frivolous ground.

Issue notice to the opposite party no.2 to file counter affidavit within four weeks from today.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

Steps be taken within a week.

List thereafter before the appropriate Bench.

The proceeding of Complaint Case No.3181 of 2016 (Smt. Uzma vs. Firasat @ Bhoora and others), under Section 498-A 323, 504 I.P.C., Police Station Deoband, District Saharanpur, shall remain stayed till the next date of listing. So far it relates to the applicant nos.3 to 6.

However, it is directed that in case the applicant nos.1 and 2 appear and surrender before the court below within 30 days from today and apply for bail, their 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

Till then, no coercive action shall be taken against the applicant nos.1 and 2.

However, in case, the applicant nos.1 and 2 do not appear before the Court below within the aforesaid period, protection granted will stand vacated automatically.

The matter shall not be treated as tied-up or part-heard to this Bench. It shall be listed before the appropriate Bench.

Order Date :- 19.7.2017

Ajeet