Court No. - 49
Case :- APPLICATION U/S 482 No. - 10051 of 2021 Applicant :- Vijay Bahadur And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.P. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Heard Sri Umesh Chandra Tiwari, learned counsel for petitioners and learned AGA for the State.
2. Learned counsel for petitioners submits that FIR was lodged against three named persons on 30.12.2015, registering Case Crime No. 0535 of 2015 at Police Station-Meja, District- Allahabad under Sections 498-A, 323, 326 IPC and 3/4 of Dowry Prohibition Act, in which, present applicants Vijay Bahadur and Vimla Devi were also made accused along with Pawan Kumar. It is submitted that in her dying declaration, deceased had taken name of Pawan Kumar that he had sprinkled kerosene oil and had put her on fire. On the basis of such dying declaration, given by the deceased Smt. Sarita, final report was filed against Pawan Kumar somewhere in February 2016, on which, cognizance was taken on 08.04.2016 and thereafter, on the plea of Pawan Kumar that he is a juvenile, the matter was transferred to Juvenile Justice Board from where order was passed on 23.02.2018, treating the period, spend by the juvenile in custody, to be a period of sentence and accordingly, he was released. It is submitted that after passing of this order, an application was moved under Section 190(1) Cr.P.C. before the Chief Judicial Magistrate, Allahabad by the complainant-Smt. Gita Devi on 28.07.2018 and thereafter, cognizance has been taken by the learned Magistrate under Section 304-B/498-A IPC in Complaint Case No. 14991 of 2018 vide impugned order dated 16.12.2019.
3. It is submitted that F.R. was filed in the year 2016. Complainant's party remained silent for over a period of 3 years. Once chargesheeted accused was released after undergoing the sentence, admissible under law for a juvenile, then filing of an application under Section 190 Cr.P.C. itself smacks of malafide on the part of the complainant's party.
4. Issue notice to respondent no. 2 on payment of process fee within seven days returnable in four weeks by registered post A.D.
5. List on 14.09.2021. As an interim measure, it is directed that let no coercive action shall be taken against the petitioners till the next date of listing.
Order Date :- 27.7.2021 Vikram/-