Court No. - 73
Case :- APPLICATION U/S 482 No. - 27433 of 2019 Applicant :- Abad Ahmad @Mahboob And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shamshuddin Khan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Learned counsel for the applicants is permitted to make necessary correction in the memo of the application during the course of the day.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 04.05.2019 in complaint case no. 22 of 2016, under Sections 452, 504, 506 IPC, P.S. Maudaha, District Hamirpur pending before Civil Judge, Junior Division/Magistrate-Ist class, Maudaha, Hamirpur.
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 there is no justification for staying the proceeding of the aforementioned case in respect of the applicant nos. 1 and 4. The prayer to that extent on behalf of applicant nos. 1 and 4 is hereby refused.
However, it is directed that in case applicant nos. 1 and 4 surrender before the court below within 30 days from today and apply for bail, the prayer for bail shall be considered and decided in view of the settled law. It is made clear that the applicant nos. 1 and 4 will not be granted any further time by this Court for surrendering before the Court below as directed above.
So far as applicant nos. 2 and 3 are concerned, it has been contended by learned counsel for the applicants that they are family members and the allegations 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, 2012 (10) ADJ 464.
Issue notice.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Notice will be issued to opposite party no.2. Steps be taken by registered post A.D. within ten days.
All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this case on 12.09.2019 before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case against applicant nos. 2 and 3 shall remain stayed.
It is made clear that proceeding of aforesaid complaint case shall go-on against the applicant nos. 1 and 4.
Order Date :- 25.7.2019 Ujjawal