Anoop Kumar Sahu And 5 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 52 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 32639 of 2022
 

 
Applicant :- Anoop Kumar Sahu And 5 Others
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Jitendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

This application under Section 482 CrPC has been filed to quash the charge sheet dated 06.04.2022 submitted in Case Crime No.046 of 2021, under Sections 406, 506, 504, 323, 498-A IPC and Section 3/4 DP Act, Police Station Mahila Thana, District Prayagraj pending pending before Civil Judge (Senior Division), Court No.21, Allahabad.

It is contended by learned counsel for the applicants that except applicant no.1 all the applicants have separate living from opposite party no.4 at different place and different house, therefore, they have no concern with the opposite party no.4. He further submits that applicant nos.4 and 5 are the married nanad (sisters-in-law) of opposite party no.4.

Considering the aforesaid submission of the learned counsel for the applicants, this Court is of the view that applicant nos.4 and 5 being married nanad of opposite party no.4, they are liable to be protected by this Court.

Having heard learned counsel for the applicants, learned AGA and gone through the materials available on record carefully, 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 nos.1, 2, 3, 6, 7 and 8 is hereby refused. However, if they appear and move bail application before competent court, 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.4 and 5 are concerned, it has been contended by learned counsel for the applicants that they are the married nanad of opposite party no.4 and the allegations levelled against them are wholly vague and false. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464.

Notices on behalf of opposite party nos.1, 2 and 3 have been accepted by learned AGA.

Issue notice to opposite party no.4.

Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List on 03.02.2023.

Till the next date of listing, further proceedings of Case Crime No.046 of 2021, under Sections 406, 506, 504, 323, 498-A IPC and Section 3/4 DP Act, Police Station Mahila Thana, District Prayagraj in respect of applicant nos.4 and 5 shall be kept in abeyance.

Order Date :- 2.1.2023

Shahroz