Allahabad High Court
Ramesh Chandra Srivastava And 4 Others vs State Of U.P. And Another on 4 February, 2016
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 3157 of 2016 Applicant :- Ramesh Chandra Srivastava And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.B. Sahai Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri R.B. Sahai, learned counsel for the applicants and Sri Ripusudan Yadav, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of criminal case no.9883 of 2015, cognizance order dated 15.10.2015 passed by C.J.M. Bareilly on the basis of charge sheet dated 1.7.2015 in case crime no.429 of 2014, u/s 498-A, 354, 323, 504 IPC, and 3/4 D.P. Act, P.S. Izzat Nagar, Bareilly.
Learned counsel for the applicants submits that the marriage between the applicant no.3 and opposite party no.2 was solemnized in the year 2012.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that so far as applicant no.3 (husband) is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no.3, namely, Rohit Kumar Srivastava is hereby refused.
However, it is directed that in case the applicant no.3 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. It is made clear that the applicant no.3 will not be granted any further time by this Court for surrendering before the Court below as directed above.
So far as applicant nos.1, 2, 4 and 5 namely Ramesh Chandra Srivastava, Smt. Sudha Srivastava, Smt. Jyoti Srivastava, Sachin Kumar respectively are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no.1 and the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra vs. State of U.P. and others reported in 2012 (10) ADJ 464.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant nos.1, 2, 4 and 5 namely Ramesh Chandra Srivastava, Smt. Sudha Srivastava, Smt. Jyoti Srivastava, Sachin Kumar respectively.
It is made clear that proceedings against husband of opposite party no.2 shall go on in accordance with law, if there is no legal impediment.
Order Date :- 4.2.2016 Gaurav