Allahabad High Court
Nazma And 4 Others vs State Of U.P. Thru. Prin. Secy. ... on 7 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 1121 of 2023
Applicant :- Nazma And 4 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another
Counsel for Applicant :- Jayveer Rajput
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri Anirudh Kumar Singh, learned A.G.A. for the State and perused the record.
Instant application under section 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Criminal Case No. 66647 of 2022, arising out of Chargesheet No. 01 of 2022 dated 15-01-2022 in pursuance of Case Crime No./F.I.R. No. 44 of 2021, under sections 498-A,323,504,506 I.P.C. and section 3/4 of the Dowry Prohibition Act, Police Station-Gazipur, District-Lucknow as well as summoning order dated 22-07-2022 passed by the learned Special Chief Judicial Magistrate(Custom),Lucknow.
Learned counsel appearing for the applicants submits that the applicants are innocent and they have falsely been implicated in the instant case. He next added that the instant matter arises out of a matrimonial dispute in which the whole family members including the present applicants have been implicated. He submits that there is no specific allegation against the applicants and they have been named in the F.I.R. only. He next added that there is no corroborative evidence against the applicants except apart the allegations made in the F.I.R. and the present applicants were never involved in committing any offence.
In support of his contentions, he 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(10ADJ 464 and Kahkashan Kausar alias Sonam and Others Vs. State of Bihar and Others, reported in (2022) 6 SCC 599.
Referring the aforesaid,he submits that benefit of the aforesaid Judgments may also be accorded to the present applicants.
On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that there are specific allegations in the F.I.R. against the applicants and thus, they are not entitled for any relief.
After the arguments at length, learned counsel for the applicants confined his contention that the applicants may be given liberty to move applications for bail as well as discharge application before the courts concerned and the same may be directed to be decided in the light of law laid down in the Judgments aforesaid.
Learned A.G.A. has no objection to the contentions aforesaid.
In view of aforesaid submissions, liberty is granted to the applicants namely, Nazma, Umme Kulsum, Nurul Jama @ Thekedar, Amir and Hifzul to move bail application as well as discharge application under the relevant provisions of Cr.P.C. within 15 days from today and if such applications are moved, the same shall be considered and decided by the courts concerned with further period of 45 days thereafter considering the ratio of Judgments in Geeta Mehrotra Vs. State of U.P. and Others and Kahkashan Kausar alias Sonam and Others Vs. State of Bihar and Others (Supra).
With the aforesaid observations, present application is hereby disposed of.
Order Date :- 7.2.2023
AKS
