Court No. - 75
Case :- APPLICATION U/S 482 No. - 46899 of 2019 Applicant :- Fakeer Mohammad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 30.9.2019 as well as entire criminal proceedings of Complaint Case No. 1989 of 2017 (Amirunnisha Vs. Fakeer Mohammad and others), under Sections 323, 504, 506, 498A, IPC and 3/4 D.P. Act, P.S. Itwa, District- Siddharth Nagar pending in the Court of Addl. Chief Judicial Magistrate, Siddharth Nagar.
As per the allegation made in the complaint, it is alleged that opposite party no. 2 was married to Mohammad Alam, who had already expired and thereafter the applicants started demanding additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and committed cruelty with her and threatened her to kill by pouring kerosene oil and also turned her out of her matrimonial home.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Learned AGA has submitted that from the allegations made in the complaint and the statement of the complainant u/s 200 Cr.P.C. and that of the witnesses u/s 202 Cr.P.C, prima facie, offence is clearly made out against the applicant Nos. 1 and 2.
Considering the facts and circumstances of the case, so far as the applicant nos. 1 and 2 is concerned, the prayer for quashing the entire proceedings is refused.
However, it is provided that if the applicant nos. 1 and 2 appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may be considered and decided 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 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant nos. 1 and 2. However, in case, the applicant nos. 1 and 2 do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is further submitted that applicants No. 3 to 6 are brothers in- law of opposite party No. 2 and have no concern whatsoever with her day to day affairs and have been falsely roped in only on account of being the relative of her husband.
So far as the applicant nos. 3 to 6 are concerned, issue notice to opposite party No. 2, who may file counter affidavit within three weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within one week thereafter.
List this case on 10.2.2020 before the appropriate Bench.
Till the next date of listing, further proceeding of Complaint Case No. 1989 of 2017 (Amirunnisha Vs. Fakeer Mohammad and others), under Sections 323, 504, 506, 498A, IPC and 3/4 D.P. Act, P.S. Itwa, District- Siddharth Nagar pending in the Court of Addl. Chief Judicial Magistrate, Siddharth Nagar shall remain stayed only in respect of applicant Nos. 3 to 6.
This case shall not be treated as tied up or part heard with this Bench.
Order Date :- 18.12.2019 KU