Lokesh Giri And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 2402 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 23494 of 2021
 

 
Applicant :- Lokesh Giri And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dheeraj Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Kumar,J.

Heard learned counsel for the applicants and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash/set aside the entire proceeding of Criminal Case No. 971 of 2021 (State Vs. Lokesh Giri), arising out of Case Crime No. 76 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Mahila Thana, District- Bulandshahr as well as Charge Sheet dated 02.12.2019, pending in the Court of learned Additional Chief Judicial Magistrate-Ist, Bulandshahr with an alternative prayer to stay the further proceedings of the above mentioned case.

I have heard learned counsel for the applicants and learned A.G.A and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicants.

The prayer to that extent on behalf of applicant no.1 namely, Lokesh Giri (husband) is hereby refused. However, if the applicant may move bail application before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.

So far as applicant nos. 2 to 4 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no.1 and the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of "Geeta Mehrotra vs. State of U.P. and others reported in 2012 (10) ADJ 464."

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable within three weeks at the address given in the application. Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.

List this case on 13.07.2022.

Till the next date of listing, further proceedings of Criminal Case No. 971 of 2021 (State Vs. Lokesh Giri), arising out of Case Crime No. 76 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Mahila Thana, District- Bulandshahr in respect of applicant nos. 2 to 4 shall be kept in abeyance.

Order Date :- 9.5.2022

Vikram