Allahabad High Court
Amit Kumar Doda And Another vs State Of U.P. And Another on 7 May, 2022
Bench: Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- APPLICATION U/S 482 No. - 17711 of 2021
Applicant :- Amit Kumar Doda And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shobhit Pathak
Counsel for Opposite Party :- G.A.,Pooja Agarwal
Hon'ble Syed Aftab Husain Rizvi,J.
Heard earned counsel for the applicants, learned counsel for the O.P. No. 2 as well as learned A.G.A. for the State and perused the material on record.
This application U/s 482 Cr.P.C. has been filed to quash the charge-sheet dated 16.4.2021 as well as cognizance order dated 10.8.2021 passed by learned Civil Judge (Jr. Div.)/F.T.C. Crime Against Women, Moradabadin in Case Crime No. 130 of 2020, under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Moradabad.
The O.P. No. 2 lodged an FIR against the applicants and three others making allegation of demand of dowry, harassment, torture etc. The FIR was registered under section 498A, 323, 504, 506 IPC and 3/4 D.P. Act. After investigation charge-sheet has been submitted.
The submissions of learned counsel for the applicants are that applicant no. 1 is Jeth and applicant no. 2 is Jethani. There is no specific allegation against the applicants in FIR. The alleged incident is of 4.11.2020 while the FIR has been lodged on 8.11.2020. It is also contended that medico legal report is dated 5.11.2020 but it was not produced earlier. It has been produced after three months. While granting anticipatory bail the court has observed that there is no medico legal report. It is further contended that general allegations against all the accused have been made in the FIR. The applicants have no role in the alleged offence. The allegations of the FIR that applicant no. 1 has some nude photograph of the O.P. No. 2 is not stand corroborated from any evidence because no such photographs or visual has been recovered. Learned counsel submitted that the case of the applicants is squarely covered by the judgment of Hon'ble Apex Court in the case of Geeta Malhotra and according to it the applicants are entitled for interim relief by this Court.
Learned counsel for the O.P. No. 2 and learned A.G.A. opposed and submitted that allegations of FIR are serious in nature. The O.P. No. 2 (victim) was tortured and harassed since time of marriage for demand of dowry. It is further contended that there are specific allegations against the applicants and specific role has been assigned against them in the FIR. The entire story of incident dated 4.11.2020 was published in the newspaper. It is evident from the contents of the FIR. The victim is destitute lady harassed and tortured by the in-laws and they are not ready to keep and maintain her.
The accused-applicants are named in the FIR. There are general and specific allegations against the applicants in FIR. There is also medico legal report and according to which 7 visible injuries were found on the body of the victim which also supports the prosecution story. It is settled principle of law that at this stage only prima facie case is to be seen as laid down by Hon'ble Supreme Court in the case of Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. All other arguments as assailed by the learned counsel for the applicants are matter of trial which can not be adjudicated in a proceeding U/s 482 Cr.P.C. There is nothing on record to show that charge-sheet and continuation of proceeding is an abuse of process of court. There is no illegality in the impugned cognizance order.
The application U/s 482 Cr.P.C. is devoid of merit and is hereby dismissed.
Learned counsel for the applicants prayed that a direction be issued to the trial court for expeditious disposal of the bail application in view of guidelines propounded in Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202 (4) Crimes 139 (SC) case.
Considering the submission it is directed that if the applicants move any bail application before the court concerned, it shall be decided expeditiously in accordance with settled principle of law propounded by Hon'ble Apex Court.
Order Date :- 7.5.2022
Masarrat
