Allahabad High Court
Jahoor & Others vs State Of U.P.& Another on 23 July, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
Court No. - 53 Case :- APPLICATION U/S 482 No. - 4752 of 2009 Petitioner :- Jahoor & Others Respondent :- State Of U.P.& Another Petitioner Counsel :- Mohammad Ayub Respondent Counsel :- Govt. Advocate,B.N. Singh Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicants, learned counsel for respondent No. 2 and learned counsel for the State.
By means of this petition under Section 482 of Cr.P.C., petitioner has prayed for quashing the order dated 24.01.2009 and the proceedings in Misc. Case No. 255 of 2008 (Smt. Imrana Vs Mohd. Shamshad and others), under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Shahganj, District Agra pending in the court of Additional Chief Judicial Magistrate/Additional Civil Judge (Sr. Div.) Court No. 6, Agra.
Submission of the learned counsel for the applicants is that the husband and other near relatives who were made accused are living separately and far away from residence of the opposite party No. 2 Hence the allegations made in the statement of the complainant are false and frivolous . It is further submitted by learned counsel that the final report in this case was submitted by the Investigating Officer and on a protest application the applicants have been summoned by the court below.
Per contra, learned counsel for respondent No. 2 states that the summoning order dated 24.01.2009 does not suffer from any illegality and there is ample evidence on record to show the complicity of the applicants in the present case. There is no force in the contention of learned counsel for the applicants. It is for the trial court to appreciate and evaluate the evidence on record.
I have considered the submissions made by the learned counsel for the parties and perused the entire record of the case.
I find no good ground to interfere in the present petition u/S 482 Cr.P.C. It is accordingly hereby dismissed.
However, it shall be open for the court concerned to examine the matter in accordance with law. It is further provided that if the applicants appear before the court concerned within 30 days from today and apply for bail, the court concerned shall grant bail to the applicants and proceed in accordance with law.
Order Date :- 23.7.2010 kan