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Shahida Begum @ Shaiza Begum & Ors. vs State Of U.P. & Anr. on 20 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 6782 of 2019

Applicant :- Shahida Begum @ Shaiza Begum Ors.

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Pradeep Kumar Rai,Prakarsh Pandey,Praveen Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

By means of this petition under Section 482 Cr.P.C. the petitioners/applicants has prayed for quashing of the entire proceedings including summoning order dated 21.07.2018, relating to Criminal Case No. 3499 of 2018 (State Vs. Aizaz Imam and others), arising out of Case Crime No.449 of 2016, under Sections 498A, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Saadatganj, District Lucknow, pending in the Court of IIIrd Additional Chief Judicial Magistrate, Lucknow.

It has been stated by learned counsel for the applicants/petitioners that petitioners have been summoned to face trial under Criminal Case No.3499 of 2018 (State Vs. Aizaz Imam and others), arising out of Case Crime No.449 of 2016, under Sections 498A, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Saadatganj, District Lucknow, pending in the Court of IIIrd Additional Chief Judicial Magistrate, Lucknow. It is stated by learned counsel for the applicants that the learned Magistrate has passed the summoning order on a printed proforma which shows that the Magistrate has not applied its mind and without applying his mind, he has taken cognizance in the matter in a mechanical manner. In support of his contention learned counsel for the petitioner/applicant has placed reliance upon the case law Ankit Vs. State of U.P. and another, [2009 (67) ACC 532] (Allahabad High Court).

In view of the above circumstances, the petition under Section 482 Cr.P.C. is allowed and the impugned summoning order dated 21.07.2018, relating to Criminal Case No.3499 of 2018 (State Vs. Aizaz Imam and others), arising out of Case Crime No.449 of 2016, under Sections 498A, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Saadatganj, District Lucknow, pending in the Court of IIIrd Additional Chief Judicial Magistrate, Lucknow is set aside.

Learned Magistrate concerned is directed to pass summoning order afresh in accordance with law within a period of 15 days.

Till the fresh summoning order is not passed, no coercive action shall be taken against the applicants/petitioners.

Order Date :- 20.9.2019

ML/-

 

 

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