Court No. - 55
Case :- APPLICATION U/S 482 No. - 39255 of 2018 Applicant :- Mohmmad Kalam And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State The present application under Section 482 Cr.P.C. has been filed for staying the entire proceeding of Complaint Case No. 537 of 2017 (Smt. Salma Khatoon Vs. Shamiullah & Others) under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, P.S.Chitwada village District -Ballia, pending in the Court of Judicial Magistrate, 1st, Ballia as well as summoning order dated 8.10.2018 passed by Judicial Magistrate, 1st, Ballia, The marriage between opposite party no.2 and applicant no.3 was solemnized about 6 years ago.
Learned counsel for the applicants submits that the applicant no.1 is Jeth and applicant no.2 is Jethani of opposite party no.2 and they are living separately from the house of opposite party no.2. Te applicant no.3 is the husband of opposite party no.2. It is next contended that the allegations levelled against them are wholly vague and no specific allegation has been levelled against them. It is also contended that there is no injury report on the record to connect the applicants with the alleged offence. It is next contended that the matter was sent to Mediation Centre Ballia where both the parties appeared but the medication failed. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant nos. 1 & 2.
So far as proceedings against co-accused-applicant no.3 Samiullah is concerned, the same shall go on in accordance with law, if there is no legal impediment.
Order Date :- 30.10.2018 IA