Allahabad High Court
Abdul Majeed vs State Of U.P. Thru. Its Secy. Home ... on 23 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 5186 of 2023
Applicant :- Abdul Majeed
Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Anamika Singh,Paritosh Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri Girijesh Dwivedi, 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 and set aside the cognizance and summoning order dated 15-12-2022 alongwith bailable warrant dated 10-02-2023 passed by the learned Chief Judicial Magistrate, Pratapgarh, in Criminal Case No. 19619 of 2022, thereby consequently, quashing and setting aside the Chargesheet dated 23-08-2022 pending before the learned Chief Judicial Magistrate, Pratapgarh in FIR No. 350 of 2022, under sections 323, 504, 498-A I.P.C., Police Station-Kandhai, district-Pratapgarh.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant matter. He next added that the general allegations have been levelled against all the family members including the relatives though the applicants were never involved in committing any offence as has been mentioned in the first information report. His submission is that after 23 years of the marriage, the allegation with respect to demand of dowry and torturing has been levelled against the family members. He added that there is no specific allegation against the applicants and the applicants are being harassed for their no fault. Further added that the opposite party no. 2 is residing in Mumbai and the instant first information report has been lodged with a view to harass the applicants and thus, submission is that the criminal proceedings against the applicant may be quashed.
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(10)ADJ 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 the case of the present applicants is squarely covered with the ratio of Judgment aforesaid and thus, the criminal proceedings against the applicants cannot go on.
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 against the applicants that they have committed offence and thus, they are 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 third week of July,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, the proceedings initiated in pursuance of cognizance and summoning order dated 15-12-2022 alongwith bailable warrant dated 10-02-2023 passed by the learned Chief Judicial Magistrate, Pratapgarh, in Criminal Case No. 19619 of 2022, thereby consequently, quashing and setting aside the Chargesheet dated 23-08-2022 pending before the learned Chief Judicial Magistrate, Pratapgarh in FIR No. 350 of 2022, under sections 323,504,498-A I.P.C., Police Station-Kandhai, district-Pratapgarh, shall remain stayed, so far as the present applicants are concerned.
Order Date :- 23.5.2023
AKS
