Allahabad High Court
Himanshu Kumar vs State Of U.P. Thru.Prin.Secy. ... on 29 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 5411 of 2023
Applicant :- Himanshu Kumar
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
Counsel for Applicant :- Ram Lakhan Vishwakarma
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Sushil Kumar Pandey, learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the Chargesheet dated 13-07-2022 as well as the Summoning Order dated 12-10-2022 passed by the learned Additional Chief Judicial Magistrate-Vth, Lucknow and the entire proceedings of Criminal Case No. 119325 of 2022(State of U.P. Vs. Manoranjan Kumar and Others), arising out of Case Crime No. 0486 of 2021, under sections 498-A, 323,504,506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Ashiyana, District-Lucknow pending in the court of Additional Chief Judicial Magistrate-Vth, Lucknow.
Learned counsel appearing for the applicant submits that instant matter is arising out of a matrimonial dispute and only general and bald allegations have been levelled against the family members including the present applicant, who is Jeth. He next added that the applicant is living separately as has been mentioned in para nos. 14 & 15 of the affidavit filed in support of the instant application. He added that no dowry was ever demanded, but, due to anonymity, the name of the present applicant has also been planted in the instant first information report. He added that there is no material evidence against the present applicant so as to connect him in the instant matter as has been alleged in the first information report.
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 and submits that the case of the present applicant is squarely covered with the ratio of the Judgment aforesaid and thus, the criminal proceedings against the applicant may not go on.
On the other hand, learned A.G.A. appearing for the State has very vehemently opposed the contentions aforesaid and submits that the applicant is named in the first information report and after thorough investigation, it was found that the applicant was involved in committing offence and as such, he 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 eek.
List/put up this matter in the Second 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 Chargesheet dated 13-07-2022 as well as the Summoning Order dated 12-10-2022 passed by the learned Additional Chief Judicial Magistrate-Vth, Lucknow and the entire proceedings of Criminal Case No. 119325 of 2022(State of U.P. Vs. Manoranjan Kumar and Others), arising out of Case Crime No. 0486 of 2021, under sections 498-A, 323,504,506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Ashiyana, District-Lucknow pending in the court of Additional Chief Judicial Magistrate-Vth, Lucknow, shall remain stayed so far as the present applicant is concerned.
Order Date :- 29.5.2023
AKS
