Dismissed

Gauri Shankar and 6 Others v. State of U..P. and Another

Allahabad HC1 Jun 2018A482/19862/2018

Case brief

AI extract

What is this about?

Application seeking quashing of dowry harassment proceedings was refused as factual disputes lie beyond the court. Directions issued regarding same-day bail consideration and discharge timelines within 30 days via magistrate.

What did the court decide?

Application for quashing refused; 90-day stay on coercive action; instructions on timely disposal of bail and discharge petitions.

Gauri Shankar and 6 Others Vs State of U..P. and Another — Dowry and Cruelty | Allahabad HC (2018)

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Court No. - 54

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Case :- APPLICATION U/S 482 No. - 19862 of 2018

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Applicant :- Gauri Shankar And 6 Others Opposite Party :- State Of U..P. And Another Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Prasad Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A.G.A., for the State and perused the record.

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This application under Section 482 Cr.P.C., has been filed for quashing the entire proceeding of criminal case no. 5466 of 2017 (State Vs. Gauri Shankar and others) arising out of case crime no. 1079 of 2017 under Section 3/4 Dowry Prohibition Act, Police Station Khalilabad, District Sant Kabir Nagar pending before the Chief Judicial Magistrate, Sant Kabir Nagar.

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The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.

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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

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The prayer for quashing the entire proceedings of aforesaid case is refused.

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In view of order passed by this Court on 23.01.2018 in Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State) , it is directed that in case the applicants file their bail application, prayer for their bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.

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Moreover, the applicants have got a right of alternative remedy for discharge under Section 239 Cr.P.C.

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However, it is provided that in case, the applicants claim discharge through counsel, the same shall be considered and disposed of by the learned Magistrate with a speaking order within 30 days from the date of filing of discharge application in accordance with law.

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For a period of 90 days from today, no coercive action shall be taken against applicants.

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With the aforesaid directions, this application is disposed of .

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Order Date :- 1.6.2018 Jaswant

Gauri Shankar and 6 Others v. State of U..P. and Another

Case brief

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Gauri Shankar and 6 Others v. State of U..P. and Another

Case brief

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