Dismissed

Smt. Neetu Shahi and 4 Others v. State of U.P. and Another

Allahabad HC17 Dec 2018A482/10056/2015

Case brief

AI extract

What is this about?

The applicant sought to quash the summoning order and complaint proceedings under Sections 323, 325, 504, and 506 I.P.C. regarding a domestic dispute. The court held that disputed questions of fact preclude exercise of extraordinary jurisdiction under Section 482 Cr.P.C. refused to quash proceedings, but directed the lower court to decide a discharge application under Section 245(2) Cr.P.C. within

What did the court decide?

Request to quash summoning order and proceedings refused; discharge application direction and stay of coercive action granted.

Smt. Neetu Shahi and 4 Others Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 10056 of 2015

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Applicant :- Smt. Neetu Shahi And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivasta Counsel for Opposite Party :- Govt. Advocate,K.K. Singh,Kamlesh Kumar Dwivedi

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the parties and perused the record.

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This application under section 482 Cr.P.C. has been filed to quash the summoning order dated 10.03.2015, passed by Judicial Magistrate, Court No. 3, Gorakhpur as well as entire proceedings of Complaint Case No. 5114 of 2014, (Ravi Pratap Shahi vs. Smit. Damyanti and others) under Sections 323, 325, 504 and 506 I.P.C., Police StationBarahalganj, District-Gorakhpur.

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Learned counsel for the applicants contended that applicant no. 1 Neetu Shahi, daughter-in-law of opposite party no. 2 Ravi Pratap Shahi, has filed the first information report against her husband Durgesh Shahi, father-in-law Ravi Pratap Shahi and mother-in-law Beena Shahi. In counterblast of the F.I.R. filed by Neetu Shahi, Ravi Pratap Shahi, opposite party no. 2 has filed this complaint maliciously, with false allegations, only to harass the applicants. He further contended that informant/opposite party no. 2 Ravi Pratap Shahi has sustained single injury and he has falsely roped in the applicants in this case. No specific role has been assigned to any of the applicants.

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Learned counsel for opposite party no. 2 and learned A.G.A. contended that there is no illegality in the impugned summoning order passed by learned Magistrate. It is further contended that informant/opposite party no. 2 Ravi Pratap Shahi has sustained grievous injuries.

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From the perusal of material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants.

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All the submissions made at the bar relate to the disputed

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questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of Cr.P.C.

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Accordingly, prayer to quash the summoning order as well as the entire proceedings in the aforesaid case is refused.

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However, it is directed that if applicant nos. 2 and 3 - Damyanti and Savitri file application for discharge through counsel under section 245(2) Cr.P.C. within 30 days, the same shall be decided by a reasoned and speaking order by the court below.

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Till the disposal of discharge application, no coercive action shall be taken against against Damyanti, applicant no. 2 and Savitri, applicant no. 3.

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With above observations/directions, the instant application stands finally disposed of.

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Order Date :- 17.12.2018 sweta

Smt. Neetu Shahi and 4 Others v. State of U.P. and Another

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Smt. Neetu Shahi and 4 Others v. State of U.P. and Another

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