Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 2615 of 2018 Petitioner :- Sujeet Dutta And 2 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Suneel Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Suneel Kumar Mishra, learned counsel for the petitioners and the learned A.G.A. for the State.
Learned counsel for the petitioners submits that he be permitted to delete the prayer No. 2 as occurring in the prayer clause of the petition. Prayer made for is allowed.
Let correction be made in the prayer clause of the present petition during the course of the day.
This petition under Article 227of the Constitution of India has been filed challenging the summoning order dated 23.7.2015 passed by the Judicial Magistrate, Rampur, in Complaint Case No. 209 of 2014 (Smt. Swati Dutta vs. Ajeet Dutta and others), under sections 498A, 323 IPC and 3/4 of Dowry Prohibition Act, Police Station Bilaspur, District Rampur as well as the entire proceedings of the above mentioned complaint case.
Learned counsel for the petitioners relying upon the judgement of the Apex Court in the case of Geeta Mehrotra vs. State of U.P. and others as reported in (2012) 10 ADJ 464, submits that the criminal proceedings initiated by the opposite party No. 2 against the present applicant Nos. 1, 2 and 3, who are the younger brother (devar), the father-in-law and the mother-in- law of the opposite party No. 2 are unsustainable.
In the light of the aforesaid facts and circumstances, matter requires consideration.
Issue notice to the opposite party No. 2 calling upon her to file a counter affidavit.
List on the date fixed in the notice.
Until further orders of this Court, further proceedings of Complaint Case No. 209 of 2014 (Smt. Swati Dutta vs. Ajeet Dutta and others), under sections 498A, 323 IPC and 3/4 of Dowry Prohibition Act, Police Station Bilaspur, District Rampur, shall remain stayed.
Order Date :- 27.4.2018/HSM