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Deepak Tripathi @ Deepu & Others vs State Of U.P. & Another on 31 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 1477 of 2019

Applicant :- Deepak Tripathi @ Deepu Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Abdul Samad

Counsel for Opposite Party :- Govt. Advocate,Radha Tripathi @ R.Mishra

Hon’ble Rajeev Singh,J.

Case called out in the revised list, opposite party No.2 didn’t respond.

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 04.06.2018 passed by Chief Judicial Magistrate, Court No. 32, Lucknow in Complaint Case No. 1320 of 2017, under Sections 498A, Section323, Section504, Section506 I.P.C. and Section 4 D.P. Act, P.S. Madiyaon, District Lucknow.

Learned counsel for the applicants submitted that the opposite party No.2 is not legally wedded wife and merely on the basis of concocted facts, the complaint was filed before the court below, which was registered as Complaint Case No. 34801 of 2017 ( SectionSmt. Radha Tripathi vs. Deepak Tripathi Ors.).

Learned counsel for the applicants further submitted that vague allegations have been levelled in the complaint and thereafter, the statement of opposite party No.2, Rajnish Kumar Chaurasia, Smt. Raj Kumari Mishra were recorded under Sections 200 and Section202 Cr.P.C. respectively by the court below.

Learned counsel for the applicants further submitted that the opposite party No.2 has lodged the F.I.R. as Case Crime No. 546 of 2013, under Sections 376, Section376B and Section506 I.P.C., P.S. Gomti Nagar, District Lucknow, in which the charge sheet was filed and after taking cognizance, the case was committed and registered as Sessions Trial No. 835 of 2015 and the trial was concluded in the aforesaid case i.e. S.T. No. 835 of 2015 and the applicants were acquitted vide order dated 19.07.2017.

Learned counsel for the applicants further submitted that Additional Sessions Judge/Fast Track Court-II, Lucknow at the time of deciding the aforesaid case observed that the opposite party No.2 was not a legally wedded wife and he further submitted that criminal appeal filed by the opposite party No.2 against the judgment and order dated 19.07.2017 in Sessions Trial No. 835 of 2015 is pending before this Court.

Learned counsel for the applicants further submitted number of cases have been filed by the opposite party No.2 against the applicants and five cases in all are pending before this Court, challenging different proceedings by either of the parties. In such circumstances, the impugned proceeding is not maintainable and is a sheer abuse of process of law.

Learned A.G.A. opposed the prayer of the applicants and submitted that all the arguments raised by the learned counsel for the applicants are factual in nature and these arguments cannot be validated by this Court in the proceeding under Section 482 Cr.P.C. and he further submitted that the applicants may appear before the court below by apprising their submission at the appropriate stage.

Considering the arguments of the learned counsel for the applicants as well as learned A.G.A. and going through the records, it is evident that the complaint was filed by the opposite party No.2 and thereafter, statement under Sections 200 and Section202 Cr.P.C. was recorded and the summoning order dated 04.06.2018 was passed by the court below. The argument advanced by the counsel for the applicants on the basis of several facts cannot be adjudicated by way of affidavit and counter affidavit, therefore, it is appropriate that the applicants may appear before the court below.

In view of above, it is provided that applicants are permitted to move their discharge applications through counsel within four weeks’ from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Till the aforesaid period of four weeks’ and during the pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.

In case of failure on the part of applicants in moving the discharge application within the aforesaid period, they will not be entitled to the benefit of this order.

With the above directions, this application is disposed of.

Order Date :- 31.10.2019

S. Shivhare

 

 

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