Rajesh Kuamr Yadav vs State Of U.P. And Another
2022 Latest Caselaw 5019 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- APPLICATION U/S 482 No. - 9256 of 2022
 

 
Applicant :- Rajesh Kuamr Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vivek Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

By means of this application under Section 482 Cr.P.C., the applicant seeks to invoke the inherent jurisdiction of this Court to quash the summoning order dated 30.11.2021 in Complaint Case No.16508 of 2021 (Sangeeta Yadav Vs. Rajesh Kumar Yadav) under Section 494 I.P.C., Police Station- Manduadeeh, District Varanasi, pending in the court of Judicial Magistrate 2nd Varanasi.

It is argued by the learned counsel for the applicant that the parties have been divorced and after divorce this present case has been filed. He has not remarried yet. He has been wrongly summoned by the lower court, hence, some relief be granted to him so that he may appear before the court concerned and can co-operate in the disposal of the case.

From the perusal of the record, it appears that the present Complaint No.16508 of 2021 has been filed by the opposite party no.2 against the present applicant with the allegation that her husband has remarried on 18.06.2021 with Mamta Yadav, while she is still the wife of applicant. When after getting the news of second marriage she went at the residence of the applicant she was abused and thrashed by her husband. She was also given threat of life. After recording the statement under Sections 200 and 202 Cr.P.C. the applicant has been summoned by the trial court to face trial under Section 494 I.P.C. The present application has been filed to quash this summoning order and to stay further proceedings.

Admittedly, the appeal regarding divorce is pending before this Court which makes it clear that the judgment of the lower court regarding divorce is not final. In the affidavit, the applicant has nowhere mentioned that he has not remarried as per the allegations of the complaint.

The appeal regarding divorce is still pending and the second marriage has not been denied by the applicant and he has been summoned by the trial court being prima facie case proved against the applicant under Section 494 I.P.C., this Court cannot embark upon an enquiry regarding the facts of the case.

After going through the facts of the case, I do not find any merit in the application. The application is, accordingly, dismissed.

Order Date :- 7.6.2022

Radhika