Court No. - 43
Case :- APPLICATION U/S 482 No. - 28137 of 2018 Applicant :- Bhanu Pratap And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.1136 of 2016, under Sections 498-A/323/504/506/406 IPC and 3/4 D.P. Act, P.S. Dibiyapur, District Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya.
It is contended that applicant no.1 is the husband. Applicant nos. 2 to 5 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, 2012 (10) ADJ 464.
The prayer in respect of applicant no.1, who is the husband, is refused.
However, it is directed that if applicant no. 1 appears and surrenders before the court below within four weeks from today and applies for bail, his prayer for bail shall be considered and decided expeditiously 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.
For a period of six weeks from today or till the applicant no.1 surrenders and applies for bail whichever is earlier, no coercive action shall be taken against applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
Prima facie, there is merit in the submission in respect of applicant nos. 2 to 5.
Learned A.G.A has accepted notice on behalf of State.
Issue notice to opposite party no.2 returnable at an early date.
O.P no.2 may file counter affidavit within a month. Rejoinder, if any, may be filed within two weeks thereafter.
List in the week commencing 26.11.2018 before the appropriate court.
Till the next date of listing, further proceedings of Case No.1136 of 2016, under Sections 498-A/323/504/506/406 IPC and 3/4 D.P. Act, P.S. Dibiyapur, District Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya, shall remain stayed in so far applicant nos. 2 to 5 are concerned.
Order Date :- 24.8.2018 RS