Allahabad High Court
Shailendra Arya vs State Of U.P. And Another on 21 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:92031 Court No. - 89 Case :- APPLICATION U/S 482 No. - 4387 of 2024 Applicant :- Shailendra Arya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding as well as summoning order dated 04.04.2019 passed by Additional Chief Judicial Magistrate/Additional Civil Judge (S.D), Court No.1, Muzzaffarnagar in Complaint Case No. 64/9 of 2018 (Smt. Priti Jain Vs. Shailendra and others), under Section 495 I.P.C, Police Station Kotwali Nagar, District Muzaffarnagar, pending in the Court ofAdditional Chief Judicial Magistrate/Additional Civil Judge(S.D), Court No.1, Muzzaffarnagar. Further, it is prayed to stay the further proceedings of aforesaid case.
3. It is submitted that opposite party no. 2 filed a complaint against the applicant under Section 495 I.P.C, alleging therein that marriage of opposite party no. 2 was solemnized with applicant in the year 2009 and that on 01.06.2017, during cleaning of his house, she found a ration card disclosing that applicant is already married having two children from his earlier wife. Opposite party no. 2, filed a suit under Section 13 Hindu Marriage Act for divorce. Before filing the present complaint, some matrimonial cases are also pending. The witnesses produced are the interested witnesses. It is submitted that order impugned is perverse and suffers from manifest error of law. Learned Magistrate without applying his mind passed the impugned order.
4. Per contra, learned AGA has opposed the prayer made by the applicants and submitted that summoning order has been passed on the basis of primary evidence.
5. Under the aforesaid circumstances, it is directed that in case, the applicants appear before the court below within 30 days from today and apply for bail, their bail applications be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing both the parties.
6. For a period of 30 days from today or till the applicants surrender and moves such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicants in the aforesaid case.
7. With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 21.5.2024 PS