Hema Dubey and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Hema Dubey and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Principal relief (quashing) refused; alternative relief granted - applicants to surrender within two weeks, no arrest for two weeks or till surrender (whichever earlier), and expeditious disposal of their bail applications by the courts below in accordance with law keeping in view Satender Kumar Antil (2021 SCC Online SC 922).

Issue for consideration

Whether the summoning order dated 02.03.2023 and the proceedings of Complaint Case No. 465 of 2022 under Section 494 I.P.C. against the applicants should be quashed (challenge subsequently given up and not pressed on merits). +1 more

Court's answer

The relief as sought by the applicants in the application (quashing of the summoning order dated 02.03.2023 and the connected proceedings) was refused, the applicants having given up their challenge and not pressed any other prayer on merits.

Ratio / Principle

The applicants were directed to surrender before the concerned court below within two weeks.

Key takeaways

In case the applicants apply for bail, the courts below were directed to dispose of the bail applications expeditiously in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.ratio¶13
For two weeks from the order or until the applicants surrender before the concerned court below, whichever is earlier, they were not to be arrested in the case.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.; Order Date 17.11.2023; Neutral Citation 2023:AHC:218268). Application under Section 482 Cr.P.C. (No. 25950 of 2023) by Hema Dubey and another (applicant no. 2: Surendra Pandey @ Guddu) seeking quashing of the summoning order dated 02.03.2023 and proceedings of Complaint Case No. 465 of 2022 (Vijay Dubey vs. Hema Dubey and another) under Section 494 I.P.C., Police Station Ahraura, District Mirzapur, pending before Civil Judge (Jr. Div.), FTC, Mirzapur. Counsel for the applicants gave up the challenge to the summoning order and proceedings, stating he was not pressing any other prayer on merits, and confined the request to protection to surrender and expeditious bail disposal. The Court refused the relief as sought, but directed the applicants to surrender within two weeks, ordered that they shall not be arrested for two weeks or till surrender (whichever is earlier), and directed the courts below to dispose of their bail applications expeditiously in accordance with law keeping in view the guidelines in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. Application disposed of. Cross-matter noted: applicant no. 1's complaint dated 21.09.2021 under Sections 494, 504 and 506 I.P.C. against opposite party no. 2 (accused summoned 05.08.2022); his criminal revision against that order pending before the District and Sessions Judge.

Neutral Citation No. - 2023:AHC:218268

Court No. - 88

Case :- APPLICATION U/S 482 No. - 25950 of 2023

Applicant :- Hema Dubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Counsel for Opposite Party :- G.A.,Vishesh Kumar

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 02.03.2023 and proceedings of complaint case no. 465 of 2022 (Vijay Dubey vs. Hema Dubey and another) , under Section 494 I.P.C., Police Station Ahraura, District Mirzapur pending in the court of Civil Judge (Jr. Div.), FTC, Mirzapur.

The complainant/opposite party no. 2 is husband of applicant no. 1 and his allegation is that his wife/applicant no. 1, without taking divorce from him, married with the applicant no. 2-Surendra Pandey @ Guddu. Vide order dated 02.03.2023, applicants have been summoned under Section 494 I.P.C., which is the subject matter of challenge in the present application. The applicant no. 1 has also filed a complaint against her husband/opposite party no. 2 on 21.09.2021 for the offence under Sections 494, 504 and 506 I.P.C. making allegation inter-alia that the opposite party no. 2, without taking divorce from her, remarried with Golu @ Geeta, in which they have also been summoned vide order dated 05.08.2022. Against the said order, opposite party no. 2 has preferred a criminal revision before District and Sessions Judge, which is still pending.

Learned counsel for the applicants, after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the

aforesaid impugned summoning order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

In view of the above, the relief as sought by the applicants in the instant application is refused.

However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

Order Date :- 17.11.2023 Saurabh

Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad