Court No. - 44
Case :- APPLICATION U/S 482 No. - 29578 of 2018 Applicant :- Virendra Singh And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Som Veer, learned counsel for the applicants and the learned A.G.A. for the State.
Supplementary affidavit filed on behalf of the applicants in Court today is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 24th October, 2017, passed by the Judicial Magistrate, Mathura, in Complaint Case No. 513 of 2017 (Smt. Shyamwati vs. Virendra Singh & Others), under Sections 498-A, 323 I.P.C. & Section 3/4 D.P. Act, Police Station Mahila Thana, District Mathura as well as the entire proceedings of the above mentioned complaint case.
Learned counsel for the applicants submits that the applicant no.1 is the husband, applicant no.2 is the Devar, applicant no.3 is the father-in-law, applicant no.4 is the mother-in-law, applicant no.5 is the Nanand, applicant no.6 is the Devarani of the opposite party no.2. He further submits that the opposite party no.2 has dragged the entire family in the criminal proceedings initiated by her. The allegations made in the complaint giving rise to the above mentioned complaint case are general in nature and no specific demand of dowry can be said to have been made by the applicant nos. 2 to 6. He further submits that as per the allegations made in the complaint no offence under Section 498-A I.P.C. can be said to have been committed by the applicant nos. 2 to 6.
Be that as it may, present application, insofar as it relates to the applicant no. 1, who is the husband of the opposite party no.2, stands dismissed. However, it is observed that if the bail has not been obtained as yet, the applicant no.1 may appear before the court below and apply for bail within one month from today. The court below shall make an endeavour to decide the bail application of the applicant no.1 in the light of the judgement of this court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
In respect of applicant nos. 2 to 6, it is hereby provided as follows:
Learned A.G.A. for the State has accepted notice on behalf of the opposite party no.1.
Issue notice to opposite party No.2, calling upon her to file counter affidavit.
Both the respondents may file their respective counter affidavits on or before the date fixed in the notice.
List on the date fixed in the notice.
Till the next date of listing, further proceedings of above mentioned complaint case insofar as it relates to applicant nos. 2 and 6, shall remain stayed.
It is further provided that the pendency of the present application shall not be taken as a ground to stay the proceedings of the trial pending before the court below.
(Rajeev Misra, J.) Order Date :- 17.9.2018 Sushil/-