Quashed

Niyaz Amhmad and 8 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC16 Feb 2024/1341/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. stating it cannot act as a mini-trial to resolve factual disputes. The court permitted dropping the remaining applications against applicants not charged and directed disposal on bail filing.

What did the court decide?

Application disposed of; applicants allowed to file separate bail application for future consideration.

Niyaz Amhmad and 8 Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:14143

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1341 of 2024 Applicant :- Niyaz Amhmad And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Pankaj Kumar Shukla, learned counsel for the revisionist and Smt. Aarti Gupta Singh, learned A.G.A appearing on behalf of the State.

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At the outset, the learned counsel for the applicants orally requested that applicants no. 4 - 9 have wrongly be arrayed as applicant in the present case whereas no charge-sheet have been filed against them and they have not been summoned to face the trial. Accordingly, he is permitted to not press the application on behalf of the applicants no. 4 -9.

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The opposite party no.2 have filed a Complaint No. 1944 of 2021 dated 19.08.2021 against nine persons, alleging that she got married to the applicant no.1 on 09.11.2014; that all the accused persons used to harass her for demanding dowry and they have turned out of her matrimonial home. The complainant supported the complaint allegation in the statement recorded under Section 200 Cr.P.C wherein she further stated that the applicant no.1 has contracted the second marriage.

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The learned counsel for the applicants has submitted that sister of the applicant no.3 was married to the brother of the complainant who died because of consuming poison on 03.09.2019. In this regard an F.I.R No. 27/2020 was lodged in P.S. Hathigavan, District Pratapgarh under Sections 498-A,

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304-B, 323, 202 I.P.C and 3/4 of Dowry Prohibition Act. The present complaint has been lodged as a counter blast action to the aforesaid F.I.R.

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The complaint clearly alleges commission of offences by the applicants. The complaint allegations are supported by the statement of the complainant recorded under Section 200 Cr.P.C and that of her father recorded under Section 202 Cr.P.C.

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While deciding the application under Section 482 Cr.P.C, this court cannot go into the factual dispute as held held in the case of Central Bureau of Investigation vs. Aryan Singh Etc., 2023 SCC Online 379, the Hon'ble Supreme Court that while exercising a power under Section 482 Cr.P.C this court cannot go into the disputed question of fact and hold a mini trial to adjudicate the correctness of the allegations and that is to be done by the trial court after the the parties are given opportunity to lead evidence in support of their respective case.

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Therefore, this application is accordingly disposed off by observing that in case the applicants appear and file an application for their release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773.

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(Subhash Vidyarthi,J.)

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Order Date :- 16.2.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Niyaz Amhmad and 8 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Niyaz Amhmad and 8 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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