Court No. - 41
Case :- APPLICATION U/S 482 No. - 6739 of 2019 Applicant :- Jalaluddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brajesh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
The present application is filed seeking quashing of the entire proceeding in purusance of Case Crime No. 140 of 2013 and Case No. 294 of 2015 under Section 498-A, 323, 506 IPC, PS- Sarainyat, District- Allahabad pending before Special CJM, Allahabad.
The NCR was filed by the opposite party no. 2-Smt. Noor Bano on 06.03.2013 with the sole allegation that while her husband was going to Bombay on 01.03.2018 at around 06:00, she requested that she will accompany and go with him, on which her husband and mother-in-law had beaten her with stick. Thereafter, she lodged an FIR on 09.05.2013 which was a detailed FIR referring to all the incidents and atrocities which had happened with her which have been reflected upon her on demand of dowry. In the same, the incident of 1st March, 2013 was also narrated as one of the incidents.
The sole submission of counsel for the applicant is that for the same incident, two FIRs cannot be lodged.
I have perused both the NCR dated 06.03.2013 as well as FIR dated 09.05.2013. The FIR as made, was a detailed FIR with regard to many more offences than the first NCR. So, it cannot be said that it is the FIR of same incident.
In view thereof, submission made by counsel for the applicant has no force and the same is accordingly, dismissed.
Order Date :- 21.2.2019 P Kesari