Dismissed

Salman and Another v. State of Up and Another

Allahabad HC19 Sept 2022A482/17039/2019

Case brief

AI extract

What is this about?

Court refused to quash summons order in a case involving matrimonial offences, rejecting the defense that no offence was disclosed and prosecution was malafide, holding such defense is for the trial court. Court directed Trial Court to decide discharge application expediently. Petition finally disposed off.

What did the court decide?

Prayer for quashing proceedings refused. Applicant permitted to file discharge application within fifteen days.

Salman and Another Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 17039 of 2019

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Applicant :- Salman And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State.

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The present petition has been filed for quashing summoning order dated 7.12.2018 passed by Chief Judicial Magistrate, Jalaun at Orai in Complaint Case No.1953 of 2018 Smt. Sajiya versus Salaman Mansoori and others under sections 498A, 323, 504, 506 I.P.C. and section 4 D.P. Act, P.S. Kotwali Orai, district Jalaun, pending in the court of CJM, Jalaun at Orai.

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The contention of the 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. He pointed out certain documents and statements in support of his contention.

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The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

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After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused.

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At this stage, learned counsel for the applicants submits that the applicants may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.

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However, it is provided that in case, the applicants move an appropriate application for discharge before the concerned

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Court below within a period of fifteen days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter.

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The petitioners shall be at liberty to move an application under section 205 CrPC for exemption of appearance along with the discharge application. In case such application for exemption is filed, the same shall be considered prior to taking up discharge application.

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In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicants.

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With the aforesaid directions, this petition is finally disposed of.

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Order Date :- 19.9.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.19 17:27:55 IST Reason: Location: High Court of Judicature at Allahabad

Salman and Another v. State of Up and Another

Case brief

What is this about?

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Salman and Another v. State of Up and Another

Case brief

What is this about?

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