Gulshan Begam vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 13553 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 4233 of 2023
 

 
Applicant :- Gulshan Begam
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another
 
Counsel for Applicant :- Aditya Vikram Shahi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material placed on record.

Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No. 12334 of 2023, State Versus Hasan Parvez and others, arising out of Case Crime No. 567 of 2019,under sections 498-A, 323,504,506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Sarojini Nagar, District-Lucknow, pending in the court of learned Chief Judicial Magistrate-III, Lucknow and the impugned Chargesheet dated 19-08-2020, submitted by the Investigating Officer in aforesaid case crime number as well as impugned cognizance/summoning order dated 18-01-2021 and impugned order of non bailable warrant dated 12-09-2022 passed by the learned Chief Judicial Magistrate-III, Lucknow.

Learned counsel appearing for the applicant submits that the applicant is 'Jethani' and she is living separately. He next added that general allegations have been levelled against all the accused persons including the present applicant for dowry demand, though, no such dowry demand was ever made by the present applicant. He further added that the case of the present applicant is squarely covered with the ratio of the Judgment rendered 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.

On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and as such, she is not entitled for any relief.

The matter requires consideration.

Let notice be issued to opposite party no. 2 returnable at an early date.

Steps be taken within a week.

List/put up this matter in the week commencing 03-07-2023.

In the meantime, learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.

Till the next date of listing, proceedings initiated in pursuance of Criminal Case No. 12334 of 2023, State Versus Hasan Parvez and others, arising out of Case Crime No. 567 of 2019,under sections 498-A, 323,504,506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Sarojini Nagar, District-Lucknow, pending in the court of learned Chief Judicial Magistrate-III, Lucknow and the impugned Chargesheet dated 19-08-2020, submitted by the Investigating Officer in aforesaid case crime number as well as impugned cognizance/summoning order dated 18-01-2021 and impugned order of non bailable warrant dated 12-09-2022 passed by the learned Chief Judicial Magistrate-III, Lucknow,shall remain stayed.

Order Date :- 1.5.2023

AKS