Anand Gupta And Others vs State Of U.P. And Another
2021 Latest Caselaw 8906 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 5633 of 2007
 

 
Applicant :- Anand Gupta And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ambrish Kumar
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Umesh Kumar,J.

Called in revised. None appeared to press this application. In the circumstances, I myself have perused the record.

This criminal application under Section 482 Cr.P.C. has been filed with the prayer to quash criminal proceedings of Criminal Case No.112 of 2006 arising out of Case Crime No.54 of 2006 under Sections 498-A, 323, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Mahila Thana Rakabganj, District Aligarh, pending before the court of Special Chief Judicial Magistrate, Agra.

This Court by its order dated 20.03.2007 has dismissed this application in respect of applicant nos.1, 2 and 3, namely, Anand Gupta, Satya Prakash Gupta and Smt. Uma Gupta. However, interim order in respect of applicant nos. 4 and 5, namely, Kapil Gupta and Smt. Anupama Gupta was passed.

Today, none is present on behalf of the applicant nos. 4 and 5.

Perusal of record shows that after investigation charge sheet was submitted against the applicants on which congizance was taken by the learned Magistrate concerned. From contents of the F.I.R., prima facie a cognizable offence is made out against the applicants. The Magistrate has rightly taken cognizance of the offence against the applicants.

In view of above, the application under Section 482 Cr.P.C. lacks merit. It is, accordingly, dismissed in respect of applicant nos. 4 and 5 also. The interim order dated 20.03.2007 is vacated.

Certify this judgment to the lower Court immediately.

Order Date :- 28.7.2021

MN/-