Dr. Jaideep Singh Gaawar And 2 ... vs State Of U.P. And Another
2022 Latest Caselaw 4237 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 12773 of 2022
 

 
Applicant :- Dr. Jaideep Singh Gaawar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shikhar Tandon
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Raj Beer Singh,J.

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

The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings including charge-sheet dated 29.09.2021 in criminal case no. 769 of 2022 (State vs. Dr. Jaideep Singh Gaawar), case crime no. 124 of 2021, under Section 498-A and 323 IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Mahila Thana, District Ghaziabad, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate (FTC/Offences against Women), Ghaziabad.

It has been argued by the learned counsel for the applicants that the first information report of this case has been lodged by the opposite party no.2 making false and baseless allegations. Learned counsel has referred the statement of complainant recorded under Section 164 Cr.P.C. as well as statement of mother of complainant and submitted that only general allegations have been levelled against the applicants. Further the applicant no.2 Sunita Devi and applicant no.3 Hoshiyar Singh, who are mother-in-law and father-in-law of complainant, were residing in Gurugram (Harayana) and there is no evidence that they have harassed the complainant on account of dowry. Merely a vague allegations have been levelled against the applicants. It has been submitted that no prima facie case is made out against the applicants.

Learned A.G.A. has opposed the application and argued that in view of allegations made in the first information report and the statement of complainant and of witnesses, a prima facie case is made out against all the three accused applicants.

At the outset it may be observed that in the instant application the only prayer for quashing of proceedings and charge-sheet has been made and it is not clear whether applicants have been summoned by the Court or not. Neither any summoning order is being challenged, nor the copy of the same has been appended along with the application filed under Section 482 Cr.P.C

In view of the judgment of the Co-ordinate Bench of this Court, in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another Laws (All) 2018(11)70 and case of Ashok Kumar Yadav vs. State of U.P. & Anr. in Criminal Misc. Application u/s 482 Cr.P.C. No. 1361 of 2021 decided on 22.01.2021, in the absence of any challenge to the summoning order, the impugned charge-sheet or proceedings cannot be challenged by the accused.

Accordingly, the present application under Section 482 Cr.P.C. is dismissed.

Liberty is granted to the applicants to file fresh application under Section 482 Cr.P.C. by seeking a challenge to the summoning order, if any, passed by the court below as well as all other reliefs as may be available to him.

Certified copy of the impugned order may be returned to the learned counsel for the applicants after retaining the photo copy of the same.

Order Date :- 26.5.2022

A. Tripathi