HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 82
Case :- APPLICATION U/S 482 No. – 5464 of 2020
Applicant :- Ved Prakash And 7 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sunil Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 27.5.2019 as well as entire criminal proceeding in Complaint Case No. 493 of 2018 (Neeraj Vs. Ved Prakash others) under section 406 IPC, P.S. Simbhawali, District Hapur pending in the court of learned Judicial Magistrate, Garhmukteshwar, District Hapur.
It is contended by the learned counsel for the applicants that applicant no. 1 is husband of O.P. No. 2, applicant nos. 2 to 8 are father-in-law, mother-in-law, Dewar, Jeth, married Nanad and Nandoi of O.P. No. 2 respectively. Applicant no. 6 is living at Meerut and applicant nos. 7 and 8 are living in Delhi. They have falsely been implicated due to being relative of husband of O.P. No. 2. It has further been submitted that applicant nos. 4 and 5 who are Dewar and Jeth of O.P. No. 2 have no concern with the Stridhan of O.P. No. 2. They have falsely been implicated in the present case.
Considering the facts and circumstances of the case, I do not find any ground to quash the summoning order dated 27.5.2019 as well as entire proceeding of the aforementioned case against applicant nos. 1 Ved Prakash, applicant no. 2 Pheru Singh and applicant no. 3 Ram Bhateri, therefore, the prayer for quashing the same is hereby refused.
So far as applicant nos. 4 to 8 who are Dewar, Jeth, married Nanad and Nandoi of O.P. No. 2 are concerned, their prayer requires consideration.
Learned A.G.A. has accepted notice on behalf of State/O.P. No. 1.
Issue notice to O.P. No. 2 who may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within a week thereafter.
List thereafter before appropriate bench. Till the next date of listing no coercive action shall be taken against applicant nos. 4 to 8 in Complaint Case No. 493 of 2018 (Neeraj Vs. Ved Prakash others), under section 406 IPC, P.S. Simbhawali, District Hapur pending in the court of learned Judicial Magistrate, Garhmukteshwar, District Hapur.
However, it is directed that if the applicant nos. 1 to 3 appear and surrender before the court below within 20 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 7.2.2020