Amirati And Others vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 11257 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 3591 of 2023
 

 
Applicant :- Amirati And Others
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
 
Counsel for Applicant :- Shishir Pradhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned charge sheet dated 23.05.2022 filed by the Investigating Officer in Case Crime No.138 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Hariyawan, District Harodi and summoning order dated 21.09.2022, passed by learned Judicial Magistrate-II, Hardoi in Crl. Case No.20637 of 2022 "State vs. Pancham Kumar and others".

Learned counsel for the applicants has submitted that the accused/ applicants are innocent, who have been falsely implicated in this case case because they happen to be the relatives of husband of the opposite party No.2. His further submission is that even summoning order came to be passed in a mechanical manner whereby the present applicants came to be summoned. The present case is an outcome of the strained matrimonial relation between the opposite party No.2 and co-accused, her husband, Pancham Kumar.

His next submission is that there are vague and general allegations against the present applicants, who are relatives of husband of opposite party No.2. The contention of learned counsel for the applicants is that no offence is made out against the present applicants, therefore, the entire criminal proceeding is liable to be quashed.

It has also been contended by learned counsel for the applicants that the allegations levelled against the applicants 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 and Kahkashan Kausar alias Sonam and others vs. State of Bihar and others reported in (2022) 6 SCC 599.

Per contra, learned A.G.A. for the State has opposed the prayer for quashing the entire criminal proceedings on the ground that it is not the stage to look into the disputed questions of facts and evidence. Therefore, the the same is not liable to be quashed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the applicants.

Having heard the learned counsel for the applicants, learned A.G.A. for the State and upon perusal of record, the matter requires consideration.

Issue notice to opposite party No.2, returnable at an early date.

Steps be filed within a week.

Let counter affidavit be filed within four weeks.

A week's time thereafter shall be available to learned counsel for the applicants to file rejoinder affidavit.

List this case in the week commencing 10.07.2023.

Meanwhile, impugned summoning order dated 21.09.2022 or any process issued pursuant thereto shall not be given effect to qua the present applicants, namely, Amirati, Loknath, Santosh, Vinod, Patiram and Ram Devi.

Order Date :- 17.4.2023

Mahesh