Umesh And 4 Others vs State Of U.P. And Another
2024 Latest Caselaw 17296 ALL

Allahabad High Court

Umesh And 4 Others vs State Of U.P. And Another on 15 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88146
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 4717 of 2024
 

 
Applicant :- Umesh And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sanjay Agrawal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mayank Kumar Jain,J.
 

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the cognizance/summoning order dated 02.08.2022 as well as entire proceeding of Session Case no. 643 of 2022 (Ashutosh Mishra Vs. Umesh Chandra and others), under Sections 392, 452, 323, 504 I.P.C, Police Station Kotwali Dehat, District Etah, pending in the Court of Special Judge (D.A.A), District Etah.

3. It is submitted that opposite party no. 2 filed an application under Section 156(3) Cr.P.C regarding the incident dated 13.11.2021, which is treated as complaint case. After recording the primary evidence under Sections 200 and 202 Cr.P.C, the learned Magistrate summoned the applicant nos. 1 and 2 under Section 392 I.P.C. and applicant nos. 3, 4 and 5 under Sections 452, 323, 504 I.P.C to face the trial. It is alleged in the complaint that mother and sister of opposite party no. 2 sustained injuries. All the injuries sustained by the injured are simple in nature. Learned counsel for the applicant placed reliance on the following judgments of this Court:-

(i) Shivam Mishra Vs. State of U.P and Another, decided on 23.03.2023, arising out of Application U/S 482 No. 9578 of 2023;

(ii) Sonu and Others Vs. State of U.P and Another, decided on 04.01.2023, arising out of Application U/S 482 No. 8975 of 2022.

4. It is submitted that sister of opposite party no. 2, is the wife of applicant no. 2, applicant no. 1 is the father, applicant no. 3 is the mother, applicant no. 4 is the jija (brother-in-law) and applicant no. 5 is the sister of applicant no. 2. Applicant nos. 4 and 5 are living in Gurgaon. It is also submitted that earlier to the alleged incident, the applicant no. 2, filed a divorce suit against sister of opposite party no. 2, under Section 13 of Hindu Marriage Act which is still pending. The present proceedings are initiated as a counter blast by opposite party no. 2, just to put pressure upon the applicants to withdraw the divorce suit.

5. Per contra, learned AGA has opposed the prayer made by the applicants and submitted that two persons sustained injuries. Summoning order has been passed on the basis of primary evidence

6. Under the aforesaid circumstances, it is directed that in case, the applicants appear before the court below within 30 days from today and apply for bail, their bail applications be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing both the parties.

7. For a period of 30 days from today or till the applicants surrender and moves such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicants in the aforesaid case.

8. With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.

Order Date :- 15.5.2024

PS