Court No. - 44
Case :- APPLICATION U/S 482 No. - 25320 of 2018 Applicant :- Devendra Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gajendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Gajendra Pratap Singh, learned counsel for the applicants and the learned Additional Government Advocate for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 22nd January, 2018 passed by the Additional Chief Judicial Magistrate-IInd, Shahjahanpur in Complaint Case No.4850 of 2017 (Dinesh Kumar Saxena vs. Devendra Kumar & Others), under Sections 392, 504 and 506 I.P.C., Police Station Kotwali, District Shahjahanpur as well as the entire proceedings of the above mentioned complaint case.
Learned counsel for the applicants submits that Akansha daughter of applicant no.1 Devendra Kumar was married to Bijendra Dev, son of opposite party no.2 Dinesh Kumar Saxena in the month of October, 2014. However, after very short time, Akansha daughter of applicant no.1 was abandoned by Bijendra Dev, her husband and also son of opposite party no.2, on account of which, she started residing in her parental home from July, 2016. Faced with despair and destitution, Akansha, daughter of applicant no.2 initiated criminal proceedings against her husband Bijendra Dev and his family members, details of which are mentioned in paragraph nos. 8 and 9 of the affidavit filed in support of the present application.
On the aforesaid factual premise, it is urged by the learned counsel for the applicants that the present criminal proceedings initiated by the opposite party no.2 are a counter blast to the criminal proceedings initiated by Akansha, daughter of applicant no.1. He, therefore, submits that the present criminal proceedings are not only malicious but also amount to an abuse of the process of the Court.
Having considered the facts and circumstances as brought on record and the submissions advanced by learned counsel for the applicants and learned Additional Government Advocate for the State, matter requires consideration.
Issue notice to opposite party No.2, calling upon him to file counter affidavit.
List on the date fixed in the notice.
Until further orders of court, further proceedings of above mentioned complaint case, shall remain stayed.
(Rajeev Misra, J.) Order Date :- 27.7.2018 Sushil/-