Court No. - 55
Case :- APPLICATION U/S 482 No. - 39173 of 2018 Applicant :- Shahid Ali And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avinash Chandra Srivastava 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 quashing the impugned order dated 3.5.2018 in Complaint Case No.746 of 2015, under Sections 498-A, IPC & Sec.3/4 D.P.Act. P.S. Trirlokpur, District Siddarth Nagar pending in the Court of C.J.M.,Siddarth Nagar.
It has been submitted by learned counsel for the applicants that the marriage between applicant no.1 and opposite party no.2 was solemnized in the year 2012. He next submits that applicant no.2 is so called wife of applicant no.1, applicant nos.3 & 4 are father-in-law and mother-in-law, applicant no.5 is Jeth and applicant no.6 is sister-in-law of opposite party no.2.
It has been contended by learned counsel for the applicants that the applicants are family members of the husband of opposite party 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 against applicants no. 2 to 6 shall remain stayed.
So far as proceedings against applicant no.1-Shahid Ali is concerned, the same shall go on in accordance with law, if there is no legal impediment.
Order Date :- 30.10.2018 IA