Court No. - 1
Case :- APPLICATION U/S 482 No. - 6743 of 2018 Applicant :- Vineet Pathak And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the applicants and Sri I.P.Srivastava, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings/charge sheet dated 5.9.2016 in Case No. 186 of 2017 (State vs. Vineet & others) arising out of Case Crime No. 37 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Jalalabad, District Shahjahanpur, pending before the Additional Civil Judge (S.D.), Shahjahanpur.
The marriage between applicant no.1 and opposite party no.2 was solemnized in the year 2013.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant no. 1 Vineet Pathak is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no. 1, namely, Vineet Pathak is hereby refused.
So far as applicant nos. 2 and 3 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no.1 and the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no. 2 returnable within four weeks at the address given in the application.
Opposite party no. 2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case against applicant nos. 2 and 3, namely, Krishna Murari Pathak and Sobha Pathak @ Sumanlata Pathak, shall remain stayed.
It is made clear that proceedings of the present case shall go on against the applicant no. 1 , if there is no legal impediment.
Order Date :- 28.3.2018 A.K.Srivastava