Court No. - 64
Case :- APPLICATION U/S 482 No. - 22012 of 2019 Applicant :- Doodh Nath Maurya And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
It is has been contended on behalf of the applicants that the summoning order dated 03.04.2018 is not based on any material on record and thus the same is not legally justified. The court below failed to take note of fact that mere bald averments cannot be counted against the applicants and cannot be construed as participation of the applicants in the very crime. The applicants have been falsely implicated in this case. He further submitted that there is no specific material roping in the applicants, who happen to be father-in-law, sas, jeth, devers and nanads of opposite party no.2, who have been falsely implicated in this case just because they happen to be relative of husband of respondent no.2. Therefore, in view of the principle pronounced by Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464, the proceeding drawn against applicants are erroneous and are in sheer misuse of the process of the Court and the same cannot be allowed to go on. Therefore, the order impugned dated 03.04.2018 is liable to be quashed.
The submission made by learned counsel for the applicants prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned AGA has accepted notice on behalf of opposite party no.1. He prays for and is granted four weeks' time to file counter affidavit.
Issue notice to opposite party no.2 who may file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List on expiry of the aforesaid period.
Till the next date of listing, further proceedings of complaint case no.1680 of 2017, under Sections 498A, 504, 506 IPC and under Section 3/4 D.P. Act, Police Station Maduadeeh, District Varanasi, pending in the court of Judicial Magistrate, court no.2, Varanasi, shall remain stayed.
Order Date :- 31.5.2019 Raj