Court No. - 45
Case :- APPLICATION U/S 482 No. - 38755 of 2018 Applicant :- Mahfooj Ahmad And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.6097 of 2018 arising out of Case Crime No.0038 of 2017, under Sections 498-A, 323, 406, IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Allahabad, pending in the court of A.C.J.M.1st, Allahabad.
Learned counsel for the applicants submits that the husband as well as entire family members of the husband-applicant no. 1 have been falsely implicated in the present case by the opposite party no. 2 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh, 2012 (10) SCC 741.
So far as the husband-applicant no. 1, namely, Mahfooj Ahmad is concerned, following order is being passed:-
It is provided that if the applicant no.1 appears and surrenders before the court below within 45 days from today and applies for bail, then the bail application of the applicant No.1 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 judgment 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 45 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 No.1. However, in case, the applicant No.1 does not appears before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of so far as applicant no. 1 is concerned.
So far as the applicant nos. 2 & 3 is concerned, the following order is being passed:-
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no. 2 may also file counter affidavit within the said period.
As prayed by the learned counsel for the applicants, two weeks thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicant nos. 2 & 3 in the aforesaid case.
Order Date :- 26.10.2018 T. Sinha