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Sarita Devi And 3 Others vs State Of U.P. And Another on 24 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 29

Case :- APPLICATION U/S 482 No. – 7427 of 2020

Applicant :- Sarita Devi And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Anand Pati Tiwari

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

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 with the prayer to quash the entire proceeding as well as summoning order dated 16.04.2019, passed by Chief Judicial magistrate, Auraiya, in Case No. 760 of 2019 ( Preeti Devi vs. Sarita Devi and others), under Sections 452, 323, 504, 506 I.P.C., Police Station Kotwali Auraiya, District Auraiya, pending in the court of Chief Judicial Magiatrate, Auraiya.

Learned counsel for the applicants has submitted that the applicant no. 1 has married with the brother-in-law of the opposite party no. 2. Subsequently, some matrimonial dispute arose for which she filed a case under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, in which opposite party no. 2 is also an accused. As a counter blast, opposite party no. 2 has filed this complaint on false and frivolous grounds and in that complaint case, the applicants have been summoned by the learned Magistrate by the impugned order.

A perusal of the impugned order and the statements attached with this application, shows that the complaint was filed by opposite party no. 2 making allegations that the applicants came to her house, committed maar-peet, abused her and threatened her by dire consequences. She examined herself and two other witnesses in support of the complaint under Sections 200 and 202 Cr.P.C. The learned court below after finding the statements of all the three witnesses to be convincing and believable and also finding that on the basis of the evidence available, prima-facie case was made out, passed the impugned order dated 16.04.2019 summoning the applicants. At this stage, no finding can be given whether the complaint of the opposite party no. 2 is based on false and frivolous ground or not.

In view of above submission, the present application under Section 482 Cr.P.C. has no force and is liable to be dismissed.

Accordingly, the application is dismissed with observation that if within 30 days from today, the applicants surrender before the court below and give the bail application along with certified copy of this order, the same shall be heard and disposed of expeditiously, preferably on the same day in accordance with law.

Till the above period of 30 days, no coercive action shall be taken against the applicants.

However, it is made clear that the period of above 30 days shall not be extended on any ground, whatsoever.

Order Date :- 24.2.2020

sailesh

 

 

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