Pankaj And 6 Others vs State Of U.P. And Another
2023 Latest Caselaw 21151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161421
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 26605 of 2023
 

 
Applicant :- Pankaj And 6 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mahendra Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gajendra Kumar,J.

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

This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Complaint Case No. 7674 of 2021 (Khushboo Vs. Pankaj & Others) under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Linpar, District Firozabad pending before Additional Chief Judicial Magistrate Court No.1 Firozabad.

After having very carefully examined the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that there is no justification for staying the proceeding of the aforementioned case in respect of the applicant no.1. The prayer to that extent on behalf of applicant no.1 (Husband) is hereby refused.

However, it is directed that in case applicant no. 1 surrender before the court below within 30 days from today and apply for bail, the prayer for bail shall be considered and decided in view of the settled law. It is made clear that the applicant no. 1 will not be granted any further time by this Court for surrendering before the Court below as directed above.

So far as applicant nos. 2 to 7 are concerned, it has been contended by learned counsel for the applicants that they are family members of the husband and the allegations 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, 2012 (10) ADJ 464.

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

Issue notice to the opposite party no.2 returnable at an early date. Steps be taken by registered post A.D. within ten days.

All the opposite parties may file counter affidavit within five weeks. Rejoinder affidavit may be filed within three weeks thereafter.

List thereafter before the appropriate Bench.

Till the next date of listing, further proceedings of the aforesaid case against applicant nos. 2 to 7 shall remain stayed.

It is made clear that proceeding of aforesaid complaint case shall go-on against the applicant no.1- Pankaj (Husband).

Order Date :- 8.8.2023

Imtiyaz