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Smt. Premwati And Others vs State Of U.P. And Another on 7 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 28

Case :- APPLICATION U/S 482 No. – 12165 of 2008

Applicant :- Smt. Premwati And Others

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

Counsel for Applicant :- Awadhesh Tiwari

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Rajeev Misra,J.

1. Case called out in revise list. No one appears on behalf of applicants to press this application. Learned A.G.A. for the State is present.

2. Present application under Section 482 Cr.P.C. has been filed challenging order dated 14.02.2007 passed by Additional Sessions Judge, Meerut in Criminal Revision No.428 of 2005 (Awadhesh @ Banti and others Vs. State of U.P.) confirming the order dated 30.06.2005 passed by the Judicial Magistrate IIIrd, Meerut in Case No. 344 of 2004 (State Vs.Awadhesh and others) whereby charges have been framed against the applicants under Sections 498A, Section323 I.P.C. and Sections 3/Section4 Dowry Prohibition Act, in Case No.344 of 2004 (State Vs. Awadhesh and others) Police Station-Civil Lines, District-Meerut.

3. Present application came up for admission on 02.06.2008. This Court passed an interim order dated 02.06.2008 whereby matter was referred to Medication and Conciliation Centre High Court Allahabad and further granted interim protection to applicants. As a consequence of interim order dated 02.06.2008, proceedings of above mentioned case have remain stayed for the last more than 11 years. Applicants duly complied with the conditions mentioned in order dated 02.06.2008. Accordingly, notices were issued to the parties by Mediation and Conciliation Centre, High Court Allahabad. Unfortunately, no agreement could be arrived at between the parties as none of parties appeared before the Mediation and Conciliation Center on the dates fixed by Mediation and Conciliation Center High Court Allahabad. As a result thereof, Mediation and Conciliation Centre, High Court Allahabad submitted a report dated 04.10.2008 stating therein that parties are not willing for mediation. Consequently, the matter has come up again before Court

4. It transpires from record that an F.I.R. dated 14.09.2004 was lodged by opposite party no.2, Smt. Mamta against applicants which was subsequently registered as Case Crime No. 264 of 2004 under Sections 498A, Section323 I.P.C and Sections 3/4 D.P. Act, Police Station-Brahampuri, Civil Lines, District-Meerut. Police upon completion of investigation of aforesaid case crime number submitted a charge-sheet dated 27.10.2004 against three of the named accused namely Awadhesh, Adesh and Smt. Premwati. Upon submission of aforesaid charge-sheet, cognizance was taken by Judicial Magistrate, IIIrd Meerut vide cognizance taking order dated 20.01.2004. Consequently, Case No. 344 of 2004 (State Vs. Awadhesh and others) came to be registered. Vide order dated 30.06.2005 the Judicial Magistrate, IIIrd Meerut, charges have been framed against the applicants under Sections 498A, Section323 I.P.C. and Sections 3/Section4 Dowry Prohibition Act, Police Station-Civil Lines, District-Meerut. Aggrieved by framing of charge vide order dated 30.06.2005 applicants preferred Criminal Revision No.428 of 2005 (Awadhesh @ Banti and others Vs. State of U.P.), which has been dismissed vide order dated 14.02.2007. Thus aggrieved by order dated 14.07.2007 passed by Revisional Court as well as framing of charge order dated 30.06.2005 passed by Chief Judicial Magistrate-IIIrd, Meerut, applicants have now approached this Court by means of present application under Section 482 Cr.P.C.

5. I have perused the affidavit filed in support of present application under Section 482 Cr.P.C. Except for narrating the facts therein, there is hardly any ground on the basis of which it can be said that challenge has been laid to the impugned orders. Since there is no factual foundation for challenging the impugned orders, no case for interference is made out.

6. Accordingly, present application is dismissed. Interim order dated 02.06.2008 stands vacated.

Order Date :- 7.1.2020

YK

 

 

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