Bhikhari And Another vs State Of U.P. And Another
2023 Latest Caselaw 7719 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?
 
Court No. - 70
 
Case :- APPLICATION U/S 482 No. - 24477 of 2022 
 
Applicant :- Bhikhari And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajendra Kumar Misra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceedings of Criminal Case no. 5521 of 2022 (State Vs. Munder and others), arising out of Case Crime No. 1018 of 2021, under Sections 498A, 323, 504 IPC and section 3/4 D.P. Act, P.S. Loni, District Ghaziabad including the charge sheet dated 16.12.2021 as well as cognizance/summoning order dated 23.5.2022 passed by learned Ist Additional Chief Judicial Magistrate, Ghaziabad.

Learned counsel for the applicants submits that the applicants are innocent and has falsely been implicated in the present case. The applicant no. 1 is father-in-law of the victim aged about 75 years and the applicant no. 2 is mother-in-law of the victim aged about 72 years. There was no dispute of demand of dowry.

During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for quashing of the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicant in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

With the above observations, this application u/s 482 is disposed of finally.

Order Date :- 16.3.2023/A.