Court No. - 15
Case :- APPLICATION U/S 482 No. - 9375 of 2016 Applicant :- Tanzeem Ahmad And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhushan Tiwari,Navin Kumar Tiwari Counsel for Opposite Party :- G.A.,Mohammad Saleheen Ansari
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of Uttar Pradesh and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 1790 of 2015 (Aarfa Khatoon vs. Tanzeem Ahmad and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Mau.
Learned counsel for the applicants contended that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment with false and fabricated allegations.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the applicants. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
In view of the above, the prayer for quashing the entire proceedings in the aforesaid case is refused.
However, if applicant no. 2 Smt. Niyamat Bano and applicant no. 1 Tanzeem Ahmad appear and apply for bail, then their bail application shall be decided on the same day on which they shall be taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].
If applicant no. 2 Smt. Niyamat Bano files her discharge application under Section 239 Cr.P.C. through counsel within thirty days, the same shall be decided by the trial court with speaking order.
Till the disposal of discharge application, no coercive action shall be taken against applicant no. 2 Smt. Niyamat Bano.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against applicant no. 1 Tanzeem Ahmad.
With the aforesaid directions, the application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.11.2018 VG..