Mahadei Vs State of U.P. Thru. Secy. Home Lko. and Another — Dowry and Cruelty | Allahabad HC (2024)

Mahadei Vs State of U.P. Thru. Secy. Home Lko. and Another — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicant for eight weeks or till disposal of her application before the Magistrate, whichever is earlier; applicant directed to move an appropriate application before the Magistrate concerned (within fifteen days), who is to examine the plea and pass appropriate order within six weeks; benefit forfeited if the application is not moved within two weeks.

Issue for consideration

Whether, in view of section 210 Cr.P.C., the complaint-case proceedings should be stayed/coordinated where a police investigation (FIR/Case Crime No. 283 of 2013) into the same offence is in progress, so that the applicant is not tried in two cases for the same offence.

Court's answer

The Court directed that the applicant may move an appropriate application within fifteen days before the Magistrate concerned, who will examine the contention and plea raised by the applicant and pass appropriate order within six weeks thereafter in accordance with law.

Ratio / Principle

No coercive action shall be taken against the applicant for a period of eight weeks or till the disposal of the application moved by her, whichever is earlier.

Key takeaways

If the application is not moved by the applicant before the Magistrate concerned within two weeks, the benefit of the order shall not be available to her.ratio¶13

Detailed headnote1 paragraphs

Application U/S 482 No. 1471 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench; Order dated 19.2.2024; Brij Raj Singh, J.) filed by Mahadei, mother-in-law of opposite party no.2, disposed of with directions. Opposite party no.2 had instituted a criminal complaint on 27.02.2013 in the court of A.C.J.M. III, Hardoi alleging assault with knife and dowry demand, and had also lodged FIR/Case Crime No. 283 of 2013 under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kakori District, on the same allegations; the husband of opposite party no.2 died on 20.12.2021. Invoking section 210 Cr.P.C. (stay of complaint-case proceedings where a police investigation into the same offence is in progress), counsel submitted the applicant could not be tried in two cases for the same offence; the learned A.G.A. opposed the prayer but did not dispute that legal position. The Court directed the applicant to move an appropriate application before the Magistrate concerned within fifteen days; the Magistrate to examine the contention and plea and pass appropriate order within six weeks thereafter in accordance with law. No coercive action against the applicant for eight weeks or till disposal of the application, whichever is earlier; the benefit stands forfeited if the application is not moved within two weeks.

Neutral Citation No. - 2024:AHC-LKO:14601

Court No. - 28

Case :- APPLICATION U/S 482 No. - 1471 of 2024

Applicant :- Mahadei Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Tanveer,Abhishek Singh,Sumit Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Brij Raj Singh,J.

Heard Mohd. Tanveer, learned counsel for the applicant and Sri Rajesh Kumar Shukla, learned Additional Government Advocate for the State.

Learned counsel for the applicant has submitted that opposite party no.2 had instituted a criminal complaint on 27.02.2013 in the court of A.C.J. M. III, Hardoi, making allegation that her husband had assaulted her with knife and also made allegation of dowry demand against him. The applicant being mother-in-law is also party in the said complaint. Opposite party no.2 also lodged FIR/ Case Crime No.283 of 2013 subsequently under sections 498A,323, 504,506 IPC and 3/4 D.P. Act Police Station Kakori District, making the same allegations which are mentioned in the complainant. It has been admitted by learned counsel for the applicant that the husband of opposite party no.2 died on 20.12.2021.

Learned counsel for the applicant has drawn attention of this Court towards section 210 Cr.P.C. and has submitted that when in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

Learned counsel for the applicant has submitted that for the same offence the applicant cannot be held guilty and the applicant can be tried in one case.

On the other hand, learned A.G.A. has opposed the prayer but he could not dispute the aforesaid legal position as envisaged under section 210 Cr.P.C. .

After hearing learned counsel for the parties as well as considering overall fact and circumstances of the case, it is directed that the applicant may move an appropriate application within a period of fifteen days from toady before the Magistrate concerned, who will examine the contention and plea raised by the applicant and will pass appropriate order within six weeks thereafter in accordance with law.

For a period of eight weeks or till the disposal of the application moved by the applicant whichever is earlier, no coercive action shall be taken against the applicant.

It is made clear that if the application is not moved by the applicant before the Magistrate concerned within a period of two weeks from today, the benefit of this order shall not be available to her.

With the above observation and directions, the present application is disposed of .

Order Date :- 19.2.2024 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench