Hon'Ble Alok Kumar Verma vs Nazim Hussain And
2023 Latest Caselaw 274 UK

                      Office Notes,
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         Date                                      COURT'S OR JUDGES'S ORDERS
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      13.01.2023                        C482 No.82 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.2427 of 2021, "State vs. Nazim Hussain and Others", pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar for the offence under Sections 498A, 323, 494, 504 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Mani Kumar, learned counsel for the applicants and Mr. T.C. Agarwal, learned Deputy Advocate General assisted by Mrs. Lata Negi, learned Brief Holder for the State.

Learned counsel for the applicants submitted that according to the First Information Report, lodged by the respondent no.2, offence was committed on 15.12.2013, whereas, the present applicants have been acquitted from the said offence by the judgment dated 07.11.2016, passed by the Special Judge (Essential Commodities Act)/Additional Sessions Judge, Moradabad. In the said matter, the allegation of the victim was that the offence was committed on 15.12.2013.

Issue notice to the respondent no.2. Steps to be taken within a week.

Learned counsel for the State requested four weeks' time to file counter affidavit.

List this case on 31.03.2023. Till then, further proceedings of Criminal Case No.2427 of 2021, "State vs. Nazim Hussain and Others", pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar for the offence under Sections 498A, 323, 494, 504 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are stayed.

(Alok Kumar Verma, J.) 13.01.2023

JKJ/Pant