Court No. - 45
Case :- APPLICATION U/S 482 No. - 23803 of 2019
Applicant :- Satendera Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nirvikalp Pandey Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet no. 346 of 2018 dated 18.4.2018 having endorsement of cognizance order dated 21.6.2018, as well as, entire proceedings of Case No. 27498 of 2018 pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar (State vs. Satendera Kumar and others) in Case Crime No. 290 of 2017 under Sections 498A, 406, 504, 506, 323 IPC and 3/4 DP Act, P.S. Chakeri, District Kanpur Nagar.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that so far as the applicant no. 1 (husband) is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no. 1 is hereby refused.
However, it is directed that in case the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is made clear that the applicant no. 1 will not be granted any further time by this Court for surrendering before the Court below as directed above.
So far as applicant nos. 2 and 3 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no. 1 and the allegations levelled against them are wholly vague and no specific allegation has been levelled against them. 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.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
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 before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant nos. 2 and 3.
Order Date :- 25.6.2019 Vivek Kr.