Disposed

Shakeel Khan and 5 Ors. v. State of U.P. and Another

Allahabad HC5 Jun 2018A482/20556/2018

Case brief

AI extract

What is this about?

In a section 482 Cr.P.C. application, the Single Judge refused to quash summoning order but directed immediate referral to a mediation committee per Rajesh Sharma.判令注明 no coercive action against applicants till mediation report or discharge application decision.

What did the court decide?

Refused quashing of summoning order; directed referral to mediation committee within 15 days; no coercive action till mediation report or discharge decision.

Shakeel Khan and 5 Ors. Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 54

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Case :- APPLICATION U/S 482 No. - 20556 of 2018

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Applicant :- Shakeel Khan And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pavan Kishore,Manish Kumar Singh 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, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 30.01.2018 passed by Second Additional Chief Judicial Magistrate, Banda and entire proceedings of Complaint Case No. 532/IX/2017 (Smt. Chandni Vs. Shakeel Khan and others) under Sections 498A, 323, 506 I.P.C. & 3/4 Dowry Prohibition Act, pending in the court of Second Additional Chief Judicial Magistrate, Banda.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide and as such, the present proceedings are an abuse of the process of the court.

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Learned A.G.A. contended that there is no illegality in passing impugned order by the trial court.

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From the perusal of the 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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In view of the above, the prayer for quashing the summoning order and entire proceeding in the aforesaid case is refused.

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However, as per direction of Hon'ble Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another reported in 2017 0 AIR (SC) 3869 , learned Magistrate is directed to refer the case to committee constituted for mediation at District Court, Banda within 15 days from the date of receipt of certified copy of this order.

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The committee of mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.

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If bail application is filed by the applicants, the same shall be decided according to direction contained in Rajesh Sharma and others Vs. State of U.P. and another (supra).

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It is further provided that in case applicant no. 3 Smt. Guddo and applicant no. 4 Km. Hina claim discharge under Section 239 Cr.P.C. through counsel and applicant no. 1 Shakeel Khan, applicant no. 2 Shahjad Khan, applicant no. 5 Waseem and applicant no. 6 Saleem claim discharge under Section 239 Cr.P.C. in person within 30 days from today, the same shall be considered and decided expeditiously in view of the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716.

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Till the submission of report of mediation committee, no coercive action shall be taken against applicant no. 1 Shakeel Khan, applicant no. 2 Shahjad Khan, applicant no. 5 Waseem and applicant no. 6 Saleem.

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Till the disposal of discharge application, no coercive action shall be taken against applicant no. 3 Smt. Guddo and applicant no. 4 Km. Hina.

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With the above directions, the instant application is finally disposed of .

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Order Date :- 5.6.2018 Sharad/-

Shakeel Khan and 5 Ors. v. State of U.P. and Another

Case brief

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Shakeel Khan and 5 Ors. v. State of U.P. and Another

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