Allahabad High Court
Jaideep And 3 Other vs State Of U.P. And Another on 27 July, 2022
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- APPLICATION U/S 482 No. - 21913 of 2022
Applicant :- Jaideep And 3 Other
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. H. P. Singh, the learned counsel for applicants and the learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed challenging the impugned charge-sheet dated 12.07.2019 submitted in Case Crime No.41 of 2018, under Sections 498-A, 323, 354A, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District- Bulandshahar, cognizance taking order dated 8.1.2020 passed by A.C.J.M.-I, Bulandshahar upon aforesaid charge-sheet as well as entire proceedings of consequential Criminal Case No.70 of 2020 (State Vs. Deep Aryan and others), under Sections 498-A, 323, 354A, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Bulandshahar now pending in the court of A.C.J.M.-I, Bulandshahar.
Learned counsel for applicants contends that present criminal proceedings have arisen out of the F.I.R. dated 11.10.2018 lodged by first informant/opposite party No.2. He further submits that from the perusal of the F.I.R., it is explicitly clear that all the adults members of the family of the husband of opposite party No.2/first informant have been implicated in the crime in question. Applicant No.1, is the Jaith, applicant No.2 is the Jaithani, applicant No.3 is the Nandoai and applicant No.4 is the Nanad of the first informant/opposite party No.2. Applicants and opposite party No.2/first informant are living separately. It is further submitted that vague and concocted allegations have been made against applicants in the F.I.R. and same are devoid of material particulars.
Learned counsel for the applicants invited the attention of this Court to the judgment of Hon'ble Supreme Court in Kahkashan Kausar @ Sonam & Ors. Vs. State of Bihar reported in 2022 SCC Online SC 162 in support of the aforesaid submission.
On the aforesaid premises, learned counsel for the applicants submits that present criminal proceedings against the applicants are not only malicious but also an abuse of process of Court. Consequently, the same are liable to be quashed by this Court.
Per contra, the learned A.G.A. has opposed this application. However, he could not dispute the factual/legal submissions urged by learned counsel for applicant at this stage.
Having heard leaned counsel for applicants, the learned A.G.A. for State and upon perusal of record, matter requires consideration.
Notice on behalf of the opposite party No.1 has been accepted by the learned A.G.A.
Issue notice opposite party No.2.
All the opposite parties shall file their respective affidavits on or date fixed in the matter.
List for admission on the date fixed in the matter.
Until further orders of this Court, no coercive action shall be taken against the applicants in Case Crime No.41 of 2018, under Sections 498-A, 323, 354A, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District- Bulandshahar.
Order Date :- 27.7.2022
Sachin/-
