Court No. - 72
Case :- APPLICATION U/S 482 No. - 13779 of 2017
Applicant :- Ruby And 4 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.,Rahul Kumar
Hon'ble Saumitra Dayal Singh,J.
Re: Criminal Misc. Correction Application No. 9 of 2019
1. Heard learned counsel for the parties.
2. It appears, due to inadvertent error in the paragraph nos. 7 to 12 of the order dated 14.05.2019, the same are deleted and replaced with the following paragraph nos. 7, 8 and 9:
"7. While learned counsel for the opposite party no.2 and learned AGA, on the other hand, submit that at present, the complaint contains ingredients of offence against the present applicants, however, it has remained undisputed that the applicant nos. 1 to 5 had a separate living from the estranged couple. Even otherwise, the allegations against them appear to be vague and general. Thus, keeping in mind the principle laid down by the Supreme Court in Geeta Mehrotra & Another Vs. State of Uttar Pradesh reported in (2012) 10 SCC 741 and Preeti Gupta & Another Vs. State of Jharkhand & Another reported in (2010) 7 SCC 667, the proceedings against the applicant nos. 1 to 5 are hereby quashed.
8. Accordingly, the present application is allowed.
9. It is made clear that the trial that may be pending against Gaurav Sharma, shall be concluded as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order."
3. The correction application is accordingly allowed.
Order Date :- 29.5.2019 Prakhar