Allowed

Bilal Ahmad v. State of U.P. and 3 Ors.

Allahabad HC25 Nov 2019A482/41142/2019

Case brief

AI extract

What is this about?

The High Court disposed of a U/s 482 Cr.P.C. application quashing an order rejecting an applicant's NCR due to an alleged incident during a matrimonial dispute. The Court set aside the rejection, directing the lower court to decide the application within a month while considering the applicant's medical report.

What did the court decide?

The order dated 06.12.2018 passed by the learned Magistrate was set aside. The lower court was directed to decide the application within one month considering the medical report.

Bilal Ahmad Vs State of U.P. and 3 Ors. — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 41142 of 2019

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Applicant :- Bilal Ahmad Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Rajeev Kumar Saini Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Rajeev Kumar Saini, learned counsel for the applicant and learned A.G.A. for the State.

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This application U/s 482 Cr.P.C. has been lodged with the prayer to quash the order dated 06.12.2018 passed by learned Civil Judge (J.D.), Fast Track Court/ Judicial Magistrate in NCR No. 497 of 2018, under Sections 323, 324, 307, 504, 506 IPC, (Bilal Ahmad vs. Rizwan and others), P.S.-Hapur Nagar, District-Hapur and order dated 27.04.2019 passed by learned Additional District and Sessions Judge, Hapur in Criminal Revision No.1 of 2019.

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It has been contended by learned counsel for the applicant that a matrimonial dispute was pending before the court below between the applicant Bilal Ahmad and his wife. On 01.11.2018, when the applicant had gone to attend the date in the above case, he was beaten by the opposite party nos. 2, 3 and 4 for which an NCR was lodged on 01.11.2018 by the applicant under Section 323 IPC. It has further been contended that in the aforesaid incident, the applicant had sustained several injuries for which his medical examination was done from the Government Hospital, Hapur. Thereafter, an application was moved by the applicant on 14.11.2018 before the concerned court below with request to register the case and investigate it but the same was illegally rejected by the learned Magistrate vide order dated 06.12.2018 without considering the medical report of the applicant and without applying his judicial mind, on the ground that the present case is being filed in order to exert pressure upon the opposite parties, since a matrimonial dispute is already pending between the parties. It has further been contended that the impugned order passed by the concerned court below without considering the fact that the applicant has sustained injuries on 01.11.2018 and the same is supported by his medical report of the Government Hospital.

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In view of the above, the impugned order has been passed in a mechanical manner, therefore, the impugned order dated 06.12.2018 is illegal and the same is set aside.

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The concerned court below is directed to decide the application of the applicant dated 14.11.2018 after considering the medical report of the applicant within one month in accordance with law from the production of certified copy of this order.

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With the aforesaid directions, the application is finally disposed of .

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Order Date :- 25.11.2019 JK Yadav

Bilal Ahmad v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Bilal Ahmad v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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