Court No. - 40
Case :- APPLICATION U/S 482 No. - 22386 of 2019 Applicant :- Shariq Anwar And 04 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Pankaj Roy Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Complaint Case No. 6617 of 2018 (Subi Fatma Vs. Shariq Anwar and others),Under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Chetganj, District- Varanasi, pending in the Court of Additional Chief Judicial Magistrate,Court No.9, Varanasi.
Heard learned counsel for the applicants and learned AGA for the State.
It is submitted by learned counsel for the applicants that opposite party no. 2 has levelled false allegations of demand of dowry against her husband and other family members on account of matrimonial discord with an intention to harass them and to drag the entire family in a criminal case.
On the contrary, learned AGA has submitted that from the allegations made in the complaint and the statement of the complainant u/s 200 Cr.P.C. and that of the witnesses u/s 202 Cr.P.C, prima facie, offence is clearly made out against the applicant No. 1.
Considering the facts and circumstances of the case, so far as the applicant no. 1 is concerned, the prayer for quashing the entire proceedings is refused.
However, it is provided that if the applicant no. 1 appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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.
For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant no. 1. However, in case, the applicant no. 1 do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
So far as the applicant nos. 2 to 5 are concerned, issue notice to opposite party No. 2, who may file counter affidavit within three weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within one week thereafter.
Steps be taken within 10 days.
List this case on 3rd July, 2019 before the appropriate Bench.
Till the next date of listing, further proceeding of Complaint Case No. 6617 of 2018 (Subi Fatma Vs. Shariq Anwar and others),Under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Chetganj, District- Varanasi, pending in the Court of Additional Chief Judicial Magistrate,Court No.9, Varanasi shall remain stayed only in respect of applicant Nos. 2 to 5.
This case shall not be treated as tied up or part heard with this Bench.
Order Date :- 6.6.2019 R