Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37319 of 2018 Petitioner :- Shyam Manohar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajan Tripathi for the petitioner and AGA for State.
The writ petition has been filed for quashing the order dated 20.11.2018 passed by City Magistrate, respondent-2 as well as entire proceeding of Case No. 1166 of 2018 (State Vs. Shyam Manohar Gupta and others) under Section 107/116 Cr P C.
On the report of Smt. Anita Gupta, respondent-4, police has submitted report for taking proceeding under Section 107/116 Cr P C against parties in order to maintain peace on the spot on which the impugned order has been passed.
The counsel for the petitioner submits that Smt. Anita Gupta is Ex-wife of the petitioner and they have taken mutual divorce in the year 2005. Smt. Anita Gupta is residing in a portion of the house belonging to the petitioner and on false allegation, she use to make report. The petitioner is being illegally harassed on her report.
We have considered the arguments of the counsel for the petitioner.
Proceedings under Section 107/116 Cr P C are preventive in nature. Admittedly, Smt. Anita Gupta is creating some dispute time to time. Thus the action is preventive in nature and has been taken by the City Magistrate, which is well within the jurisdiction.
The writ petition has no merit and it is dismissed. Order Date :- 20.12.2018 Rahul /-