Court No. - 50
Case :- APPLICATION U/S 482 No. - 29604 of 2018 Applicant :- Mohd. Salman And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Siraj Ahmad Khan,Ziauddin Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Siraj Ahmad Khan, learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants contends that applicants have been falsely implicated in complaint case dated 24.05.2017 wherein para 2, it has been contended that in the marriage of opposite party no. 2 a sum of Rs. 15 lakhs was spend by her father, while in contradiction to it in para 11 she has stated that her father is sales man in a shoe shop at a meager salary of Rs. 6000/- per month; that general allegations have been made against all the applicants; that the applicants neither made any demand of Hero Honda Motor cycle nor subjected the complainant/opposite party no. 2 with cruelty for non-fulfilment of alleged demand; that applicant nos. 2, 3 and 4 are respectively Dewar, unmarried Nanad and Dewarani of opposite party no. 2 and they are not beneficiaries of allegedly demanded dowry; that the contention in complaint that all the applicants reached the Mayka of opposite party no. 2 at 11:00 a.m. on 28.05.2017 and threatened parents of opposite party no. 2 of Talaq to their daughter in case of non-fulfillment of demand of Motor Cycle.
Issue notices to opposite party no.2 returnable at an early date for filing counter affidavit, if any, in four weeks.
List thereafter before appropriate Bench.
Till the next date of listing, except applicant no. 1, no coercive measures will be taken against applicant nos. 2, 3 and 4 in Complaint Case No. 405 of 2017 (Smt. Aksha Parveen @ Ruhi vs. Mohd. Salman & others), under sections 498A, 323, 504 I.P.C. and section 3/4 of Dowry Prohibition Act, P.S. Khuldabad, District Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No. 7, Allahabad.
The applicant no. 1 appears before the court below and moves application for bail, the same shall be disposed of expeditiously in accordance with law.
Order Date :- 18.9.2018 Bhanu