Akash vs State Of U.P. And 2 Others
2022 Latest Caselaw 22645 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 37869 of 2022
 

 
Applicant :- Akash
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Ajay Kumar Vashistha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 06.08.2022 in S.T. No. 298 of 2012 arising out of Case Crime No. 460 of 2012, under Section 363, 366 IPC, Police Station- Soro, District- Kasganj.

Counsel for the applicant submits that the applicant has married opposite party no. 2 in the year 2012. Now the summoning order has been passed on 06.08.2022 in S.T. No. 298 of 2012. He has relied upon the judgment of the Apex Court in the case of K. Dhandapani vs. The State by the Inspector of Police, 2022 LiveLaw (SC) 477 and has submitted that the married life of the applicant and opposite party no. 2 cannot be disturbed.

Matters required consideration.

Issue notice to the opposite party nos. 2 and 3.

All the opposite parties will file counter affidavit within four weeks.

Rejoinder affidavit may be filed within four weeks thereafter.

List this case on 13.3.2023.

Till the next date of listing, summoning order dated 06.08.2022 in S.T. No. 298 of 2012 arising out of Case Crime No. 460 of 2012, under Section 363, 366 IPC, Police Station- Soro, District- Kasganj shall remain stayed.

Order Date :- 22.12.2022

Rohit