Sushil Kumar Srivastava And ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 10465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 3215 of 2022
 

 
Applicant :- Sushil Kumar Srivastava And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt.Civil Sectt. Lko. And Another
 
Counsel for Applicant :- Varun Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant(s) as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of the charge-sheet filed in FIR No.094 of 2018, under Sections 323, 342, 506 and 498-A IPC read with Section 3/4 Dowry Prohibition Act lodged at Police Station Kotwali, District Unnao, for quashing of the order dated 04.04.2022 by means of which non-bailable warrant has been issued and for quashing of the proceedings of Case No.8092 of 2019 (State Vs. Tanul Kumar Srivastava and others), pending in the Court of learned Chief Judicial Magistrate, Unnao.

3. The investigating agency, after completing the investigation, has filed charge-sheet.

4. Mr. Bhagyodaya Mishra, learned counsel for the applicants, submits that the learned Magistrate had issued non-bailable warrants against the applicants without issuing summons at the first instance. He further submits that the said procedure of issuing non-bailable warrants is against the order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

5. Be that as it may, this Court is of the view that there is no ground to quash the impugned proceedings. However, considering the fact that the affences are in respect of Sections 323, 342, 506 and 498-A IPC read with Section 3/4 Dowry Prohibition Act, which entail punishment upto 7 years, applicant nos. 1 and 2, Sushil Kumar Srivastava and Smt. Sunita Srivastava are directed to appear through counsel.

Petitioner nos. 3, 4 and 5, Tanul Kumar Srivastava, Rahul Srivastava and Vicky Srivastava are directed to appear before the trial Court within 15 days from today and submit their bail-bonds and two sureties each in the like amount to the satisfaction of the trial Court and on their doing so, they shall be enlarged on bail on the same day.

6. Applicant nos. 1 and 2 shall go on representing through counsel and their presence shall not be insisted upon.

7. With the aforesaid, the application shall stand disposed of.

Order Date :- 17.8.2022

MVS/-