Court No. - 20
(Crl. Misc. Recall Application No. 2 of 2018) Case :- APPLICATION U/S 482 No. - 31957 of 2011 Applicant :- Dr.Adil Shafee And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S. Shekhar Counsel for Opposite Party :- Govt.Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the parties.
Cause shown for delay in filing the application is sufficient and the same is condoned.
Cause shown for non appearance is sufficient.
The restoration application is allowed. The order dated 12.10.2017 is recalled and the application stands restored to its original number.
Order Date :- 23.3.2018 AKK
Court No. - 20
Case :- APPLICATION U/S 482 No. - 31957 of 2011 Applicant :- Dr.Adil Shafee And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S. Shekhar Counsel for Opposite Party :- Govt.Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The applicants through this application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the Complaint Case No. 1201 of 2009 under Section 3/4 Dowry Prohibition Act and 498A IPC, P.S. Kotwali, District Hamirpur and stay the entire proceedings of the aforesaid case.
From the perusal of the record, it cannot be said that, prima facie, no case is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. only in cases where the court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process or miscarriage of justice.
Accordingly, the prayer made is refused.
However, in view of the submissions made by the learned counsel for the applicants, it is provided that if the applicants move an application for discharge through counsel within two weeks from today, the same shall be disposed of by the trial court by speaking order in accordance with law within two weeks thereafter. For the period of four weeks from today or till the disposal of the application, whichever is earlier, no coercive action shall be taken against them.
The application under Section 482 Cr.P.C. is disposed of with the aforesaid direction.
Order Date :- 23.3.2018/AKK