Court No. - 55
Case :- APPLICATION U/S 482 No. - 39286 of 2018 Applicant :- Smt. Savitri Devi And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ganesh Mani 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 proceeding of S.S.T. No. 13 of 2016 (Smt. Madhuri Devi Vs. Manjeet Kumar) under Sections 498-A, 323, 504, 307, 392, 420 IPC and 3/4 D.P. Act, PS Ghatampur, District Kanpur Nagar as well as summoning order dated 27.2.2017 pending in the court of Special Court (D.A.A.), Kanpur Nagar and to consider the discharge application.
The marriage between opposite party no.2 and Sandip Kumar was solemnized in the year 2007, who subsequently died in the year 2011 on account of accident, but the court below wrongly considered the plea of O.P.No.2 for marriage with Manjeet Kumar after death of Sandip Kumar.It is a case of no injury.
Learned counsel for the applicants submits that the applicants are mother- in-law and sister-in-law of opposite party no.2 and the allegation 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.
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 applicants.
It is provided that the applicants may move discharge application before the court concerned who will decide the same within a period of three months from the date of production of certified copy of the order.
Order Date :- 30.10.2018 IA