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Surendra Kumar Kesarwani And Anr vs State Of U.P. And Another on 7 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 28

Case :- APPLICATION U/S 482 No. – 44724 of 2019

Applicant :- Surendra Kumar Kesarwani And Anr

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

Counsel for Applicant :- Sangam Lal Kesharwani,Manish Kesharwani

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Misra,J.

1. Heard Mr. Sangam Lal Kesharwani, learned counsel for applicants and the learned A.G.A. representing respondent no.1.

2. This Application under Section 482 Cr.P.C. has been filed challenging summoning order dated 21.02.2019, order dated 18.09.2019, whereby N.B.W. has been issued against the applicants as well as entire criminal proceedings of Complaint Case No. 3558 of 2018 (Vibha Singh Vs. Surendra Kumar Kesarwani others) under Sections 323 and Section506 I.P.C., Police Station-Jhunsi, District-Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Allahabad.

3. Learned counsel for the applicants submits that marriage of of opposite party no.2 was solemnised with Sanjay Singh, brother of applicant no.2, in accordance with Hindu Rites and Customs. On account of marital discord in between opposite party no.2 and Sanjay Singh (husband), brother of applicant no.2, criminal proceedings were initiated by the opposite party no.2 by lodging an F.I.R. which was registered as Case Crime No. 58 of 2018 under Sections 498A, Section323, Section504, Section506 and Sections 3/4 D.P. Act, Police Station-Mahila Thana, District-Prayagraj. Police upon investigation of aforesaid case crime number, has submitted final report on 01.06.2019 bearing no. 308 of 2019 copy of which is on record as Annexure 1 to the affidavit. Thus, on account of failure of aforesaid criminal proceedings, opposite party no.2 has now initiated present criminal proceedings implicating brother of her husband and the applicant no.1, who was the mediator in the marriage.

4. Learned counsel for the applicant invited the attention of the Court to the statement of the complainant as recorded under Section 200 Cr.P.C. and that of her witnesses under Section 202 Cr.P.C. to establish that the same are contrary.

5. On the aforesaid factual premise, it is thus urged that while passing impugned summoning order the Magistrate has not recorded prima-facie satisfaction for summoning the accused under Sections 323 and Section506 I.P.C. Therefore, no case is made out against the applicant warranting summoning of the applicants under the charging Sections. Matter requires considerations.

6. Learned A.G.A. has accepted notice on behalf of opposite party no.1.

7. Issue notice to the opposite party no. 2.

8. All the respondents may file their respective counter affidavits on or before the date fixed in the notice.

9. List on the date fixed in the notice.

10. Until further orders of this Court, further proceedings of Complaint Case No. 3558 of 2018 (Vibha Singh Vs. Surendra Kumar Kesarwani others) under Sections 323 and Section506 I.P.C., Police Station-Jhunsi, District-Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Allahabad, shall remain stayed.

Order Date :- 7.12.2019

YK

 

 

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