Smt. Nibha Vishwas and 2 Others Vs State of U.P. and Another

Court No. - 44

Case :- APPLICATION U/S 482 No. - 16030 of 2022

Applicant :- Smt. Nibha Vishwas And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manu Pathak,Pradeep Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Summoning order dated 18.3.2021 is challenged in the present petition on the basis of complaint Case No. 1105 of 2018 on the ground that the applicant is the wife and since she has already instituted a first information report in Case Crime No. 123 of 2017, prior in point of time as such, she has been falsely implicated in this case. It is stated that the allegations made in the complaint are false as no incident has occurred.

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A perusal of the first information report would go to show that firstly a complaint was filed by the mother-in-law, referring to the incident dated 11.6.2017 in which she has been physically assaulted and an injury report has also been brought on record which goes to show that there are seven injuries caused to the mother-in-law. Though the injuries are simple in nature but prima-facie it clearly supports the complaint allegations. The complaint allegations are otherwise supported by the statement made under Sections 200 and 202 Cr.P.C. These facts have clearly been noticed by the Magistrate concerned while issuing the summoning order. Applicant's defence that it is only as a measure of counter blast that the impugned complaint has been lodged, does not appeal to the court as prima-facie material has surfaced and the defence of the complainant is not required to be commented upon by this Court, at this stage.

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Application is, accordingly, dismissed.

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Order Date :- 28.6.2022 n.u.

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Digitally signed by NASEEM UDDIN Date: 2022.07.02 12:48:29 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Nibha Vishwas and 2 Others v. State of U.P. and Another

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Smt. Nibha Vishwas and 2 Others v. State of U.P. and Another

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