Allahabad High Court
Santosh Kumar Vishvakarma vs State Of U.P. Thru. Prin. Secy. Home. Lko ... on 9 September, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 6398 of 2019 Applicant :- Santosh Kumar Vishvakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko & Others Counsel for Applicant :- Parijat Mishra Belavra,Ashutosh Dhar Dubey,Chandra Shekhar Shukla Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 25.09.2018 and order dated 20.08.2019 passed by the Family Court-III, Sultanpur in Criminal Misc. Case No.884 of 2014 (Sunita Vs. Santosh Kumar), under Section 128 Cr.P.C.
Learned counsel for the applicant has submitted that the opposite party No.2 was the legally wedded wife of applicant, but she deserted on 30.10.2007 on her own will and started living with the opposite party No.4 by changing her name as Guddi. Learned counsel for the applicant has further submitted that the opposite party No.4 was early married with Guddi daughter of Bhagauti Prasad Vishwakarma and she died prior to October, 2007 and thereafter, Ajay Kumar (opposite party No.4) started living with Smt. Sunita by giving her name of his previous wife as Guddi. In the meantime, opposite party No.2 filed application under Section 125 Cr.P.C. and the applicant made a Police complaint which was registered as FIR No.244 of 2018, under Sections 420 and 494 I.P.C. Police Station Amethi, District Amethi and after investigation, chargesheet was filed against the opposite party No.2 with the observation that opposite party No.2 is living with the opposite party No.4 being the second wife. Learned counsel for the applicant has further submitted that during the course of investigation, the opposite party No.2 entered into a compromise which was duly signed by the opposite party No.2 and applicant on 26.09.2018 which is appended as Annexure No.11 to the petition. Later on, she filed a application bearing Criminal Misc. Case No.2939 of 2019 under Section 482 Cr.P.C. before this Court with a prayer to direct the court below for expedite disposal of application which is registered as Criminal Case No.884 of 2014, under Section 128 Cr.P.C. Police Station Amethi, District Amethi. The aforesaid application was disposed of vide order dated 19.04.2019 and the court below was directed to decide the aforesaid Criminal Misc. Case No.884 of 2014, expeditiously, if possible within a period of six months from the date of production of certified copy of this order and thereafter, applicant filed detailed objection dated 10.06.2019 which is appended as Annexure No.14 but without considering the facts and circumstances mentioned in the objection, the court below has passed the impugned order and directed to issue recovery warrant as well as arrest warrant. He has further submitted that the court below may be directed to decide his objection pending since 10.06.2019.
Learned AGA has no objection to issue a direction for expeditious disposal of above case.
Considering the above mentioned facts and circumstances of the case, notice in relation to the opposite party Nos. 2, 3 and 4 are waived off and the court below is directed to decide the objection of applicant dated 10.06.2019 in Criminal Misc. Case No.884 of 2014 within a period of one month from the date of production of certified copy of this order.
Till the decision of objection, no coercive steps shall be taken against the applicant.
With the above observations/directions, the application (u/s 482 Cr.P.C.) is disposed of.
Order Date :- 9.9.2019/Amit/-