Allahabad High Court
Amol Kumar Sharma vs State Of U P And 3 Others on 1 October, 2020
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 3 Case :- CRIMINAL MISC. WRIT PETITION No. - 9434 of 2020 Petitioner :- Amol Kumar Sharma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vikrant Neeraj Counsel for Respondent :- G.A. Hon'ble Rajendra Kumar-IV,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
2. By way of present writ petition, petitioner sought quashing of orders dated 11.2.2020 and 7.3.2020 in Complaint Case No.3378 of 2016 (Smt. Nikita Gaur (Sharma) Vs. Amol Kumar Sharma), under Sections 494, 495, 420, 376, 504, 506 I.P.C., P.S. Dehli Gate, District Aligarh.
3. Learned counsel for petitioner submits that petitioner is innocent. He has committed no offence. He never married to respondent no.4/complainant. Respondent no.4/complainant is not the wife of petitioner. The marriage certificate as alleged by respondent no.4/complainant is found to be forged in enquiry and F.I.R. was registered against her. It is further submitted by him that one Satveer had moved an application against respondent no.4/complainant regarding forgery and matter was highlighted in news papers also. It is further submitted that process under Section 83 Cr.P.C. is directed to be issued before 30 days of proclamation under Section 82 Cr.P.C.
4. On the other hand learned A.G.A. opposed the petition.
5. It appears that complainant, respondent no.4 herein Smt. Nikita Gaur (Sharma) filed a complaint bearing Case No.3378 of 2016 titled as "Smt. Nikita Gaur (Sharma) Vs. Amol Kumar Sharma" under the aforesaid sections before Chief Judicial Magistrate concerned alleging therein that accused, being posted as Sub Inspector in Police Station Khurja Nagar, District Bulandshahar came to her house and concealing his previous marriage proposed to marry with her. He married her on 3.1.2013 in Arya Samaj Mandir, Arya Dharmshala, Kanawariganj, P.S. Dehli Gate, District Aligarh and thereafter made physical relations as husband-wife. Complainant further recites that complainant stayed with petitioner as his wife and performed her duty of wife. Thereafter accused was transferred to District Firozabad. Suddenly one day Smt. Asha Lawania told her by phone alleging herself to be wife of accused thereupon she came to know that accused is already married. Accused-petitioner being already married deceived her and performed a marriage with her and made physical relationship with complainant. Magistrate concerned proceeded with the complaint, recorded the statements of complainant and found sufficient ground for proceedings against petitioner and summoned the accused-petitioner for facing the trial. Since accused-petitioner is Sub Inspector and serving in Police Department so he did not turn up before the trial court despite issuing various summons and other process against him. Trial court issued the process under Sections 82 & 83 Cr.P.C. by impugned order.
6. It appears that by order dated 7.2.2020 court issued N.B.W. and process of 82 and 83 Cr.P.C. on the same day as accused petitioner was not appearing in court taking advantage of his post. In the special circumstances process U/s 82 & 82 Cr.P.C. may be issued simultaneously. The order dated 7.3.2020 has been passed in previous order dated 7.2.2020.
7. A look at complaint and allegations made herein would show that complainant / respondent no. 4 herein, incorporated the ingredients necessary for prosecuting the accused-petitioner for the offence alleged. The question whether the complainant will be able to prove the allegation in the manner known to law would arise only at a later stage.
8. Learned counsel for petitioner could not point out any illegality, irregularity or otherwise in impugned orders. It is not the case of grave injustice.
9. Keeping in view the facts and circumstances of the case, I do not find any good ground justifying interference in the matter.
10. The writ petition is accordingly dismissed.
Order Date :- 1.10.2020 Kpy