Disposed

Wazid and 5 Others v. State of U.P. and Another

Allahabad HC3 Aug 2023A482/28060/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. sought to quash a summoning order. As counsel did not press the matter on merit, the High Court directed the lower court to decide the pending discharge application within two months. The High Court stayed coercive actions during this period.

What did the court decide?

Directing the lower court to decide the discharge application within two months and staying coercive action until disposal.

Wazid and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:155708

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Court No. - 4

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Case :- APPLICATION U/S 482 No. - 28060 of 2023

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Applicant :- Wazid And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 25-04-2023 passed by Chief Judicial Magistrate, Bijnor u/s 498-A, 323, 504, 506 I.P.C., 3/4 D.P. Act and 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019 issued against the applicants in Complaint Case No. 1347/2022 (Naima Vs. Wazid and others) u/s 498-A, 323, 504, 506 I.P.C., 3/4 D.P. Act and 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019 P.S.Syohara, District- Bijnor, pending before Chief Judicial Magistrate, Bijnor.

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On the matter being taken up, learned counsel for the applicants has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the application for discharge of the applicants expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

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Heard learned counsel for the parties present and perused the record.

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Considering the facts and circumstances of the case, the applicants are permitted to appear before the concerned court within three weeks from today and move an application as per provisions contained under the Cr.P.C. claiming discharge. The concerned court shall after hearing the counsel decide the application on merits, in accordance with law, within a period which shall not exceed a period of two months from today.

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Till 30 October, 2023 or till the disposal of the aforesaid application, whichever is earlier, no coercive action will be taken against the applicants.

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If the concerned court after hearing the counsel for the accused feels persuaded to have the view that the accused ought not to have been summoned and the charge is groundless it shall not abstain from discharging the accused only on the ground that the material available at the time of summoning was the same which is available on record at the time of hearing the discharge application. On the other hand, if the lower court even after hearing the counsel for accused holds the view that the accused has been rightly summoned and the material brought on record does not indicate the charges to be groundless it shall make an order to that effect and proceed further in the matter, in accordance with law and shall also be free to adopt such measures to procure the attendance of the accused as the law permits.

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With the above observations, this application stands disposed of.

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Order Date :- 3.8.2023 Pramod Tripathi

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Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad

Wazid and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Wazid and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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