Allahabad High Court
Reyaz Ahmad And 5 Others vs State Of U.P. And Another on 6 September, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:175350 Court No. - 87 Case :- APPLICATION U/S 482 No. - 18912 of 2023 Applicant :- Reyaz Ahmad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sriprakash Rai Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
1. Heard Sri Prakash Rai, learned counsel for the applicants and learned AGA for the State.
2. Case was heard on 23.8.2023, Court has passed the following order:-
"1. Heard learned counsel for the applicant and learned AGA for the State.
2. Case was heard on 16.8.2023, Court has passed the following order:-
"1. Heard learned counsel for the applicant and learned AGA for State.
2. Case was heard on 2.8.2023 and Court has passed following order;
"1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.2C. application has been filed to quash the impugned notices issued under Section 110/111 Cr.P.C. dated 21.04.2023 by the opposite party No. 2 against the applicants illegally calling the applicants to show cause.
3. Learned counsel for the applicant submitted that notices under Section 110/111 Cr.P.C. dated 21.04.2023 have been issued against the applicants and their family members only on the ground of lodging of F.I.R., which was registered as Case Crime No. 215 of 2022, under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act. He further submitted that present proceeding is arising out of matrimonial dispute and such notices may only be issued to the habitual offenders. Lastly, submitted that it is nothing but abuse of process of law by the opposite party No. 2.
4. Matter requires consideration.
5. Opposite party no.2- Mr. Gyan Chandra Gupta, Sub Divisional Magistrate, Sadar, Azamgarh is directed to be present before the Court on the date fixed along with materials based upon which notices have been issued against the applicants under Section 110/111 Cr.P.C.
6. Put up this case on 14.08.2023 as fresh.
7. Till the next date of listing, effect and operation of notices issued under Section 110/111 Cr.P.C. dated 21.04.2023 shall remain stayed against the applicants.
8. Learned A.G.A. is directed to communicate this order to opposite party no. 2 within 24 hours."
3. Pursuant to order dated 2.8.2023, Mr. Gyan Chandra Gupta, Sub Divisional Magistrate, Sadar, Azamgarh is present and also filed affidavit. Vide order dated 2.8.2023, this Court has directed to place material based upon which notices have been issued, but no such material has been annexed along with affidavit including police report also.
4. Learned AGA has produced the instruction having recommendation of Incharge Inspector, Mubarakpur, Azamgarh to initiate proceeding under Section 110(G) Cr.P.C.
5. Being confronted by the Court, learned AGA informed that except this case, applicants are having no criminal history.
6. From perusal of police report coupled with the facts that applicants are having no criminal history, it is very surprising that as to how recommendation was made by Incharge Inspector, Mubarakpur, Azamgarh to initiate proceeding under Section 110(G) Cr.P.C.
7. Put up this case as fresh on 23.8.2023.
7. On the next date, Sub Divisional Magistrate, Sadar, Azamgarh and Incharge Inspector, Mubarakpur, Azamgarh are directed to be present before this Court and file personal affidavit about the matter with specific explanation for initiation of proceeding under Section 110/111 Cr.P.C.
8. Interim granted earlier shall remain continue till the next date of listing.
3. Pursuant to the order of this Court dated 16.8.2023, Mr. Gyan Chandra Gupta, Sub Divisional Magistrate, Sadar, Azamgarh and Sri Rajesh Kumar, Inspector, Mubarkpur, Azamgarh are present before this Court alongwith their personal affidavits, which are taken on record.
4. Learned counsel for the applicant prays for and is granted three days time to go through the aforesaid affidavits.
5. Put up this case as fresh on 28.8.2023.
6. Interim order, if any, granted earlier shall continue till the next date of listing.
7. Personal appearance of Mr. Gyan Chandra Gupta, Sub Divisional Magistrate, Sadar, Azamgarh and Sri Rajesh Kumar, Inspector, Mubarkpur, Azamgarh are exempted until further order of this Court."
Learned counsel for the applicants submitted that now impugned order has been withdrawn and further submitted that he does not want to press this application, therefore, it may be dismissed as not pressed for which learned AGA has no objection.
Accordingly, the application is dismissed as not pressed.
Order Date :- 6.9.2023 Junaid