Court No. - 68
Case :- APPLICATION U/S 482 No. - 28345 of 2019 Applicant :- Smt. Shalini Alias Pushpa Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Rajendra Kumar Srivastava, learned counsel for the applicant and learned AGA for the State-respondents.
By means of this application under section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court for quashing the entire proceeding and summoning order dated 08.08.2018 passed by Additional Chief Judicial Magistrate, Court No. 10 Agra, District Agra in Case No. 1738 of 2017 (Meghnath Pal Vs. Smt. Shalini alias Pushpa and others) under Section 406 I.P.C., Police Station Etmaddaula, District Agra.
It has been argued that the applicant is daughter-in-law of opposite party no.2/complainant. It has been submitted that husband of applicant has expired and that prima facie no case is made out against the applicant. It was also pointed out that even the allegations made in the complaint that she has taken away all the jewellery with would not constitute an offence under section 406 I.P.C. as it was her stridhan.
Issue notice to opposite party no.2 returnable at an early date. Steps be taken within a week.
List this case in the month of September, 2019.
Till then no coercive action shall be taken against the applicant.
Order Date :- 25.7.2019 T.S.