Remanded

Indresh Dubey and Another v. State of U.P. and Another

Allahabad HC10 Sept 2024A227/5427/2024

Case brief

AI extract

What is this about?

The High Court set aside orders rejecting a discharge application due to the accused's separate residence and lack of representation. It directed a fresh hearing within a specified timeline. Articles 227 of the Constitution of India.

What did the court decide?

The impugned order dated 09.02.2024 and order dated 07.11.2022 were set aside, giving a fresh opportunity to the petitioners to move a discharge application within three weeks.

Indresh Dubey and Another vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:147099

¶2

Court No. - 87

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 5427 of 2024

¶4

Petitioner :- Indresh Dubey And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Muneesh Raghuvanshi,Pramod Kumar Singh

¶5

Counsel for Respondent :- G.A.

¶6

Hon'ble Ms. Nand Prabha Shukla,J.

¶7

Heard learned counsel for the petitioners, Sri Nand Lal, learned A.G.A. for the State and perused the record.

¶8

By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the judgment and order dated 29.02.2024 passed by Additional District and Sessions Judge, Court No. 6, Azamgarh in Criminal Revision No. 1000005 of 2023 (Arvind Dubey and others Vs. State and another) and order dated 07.11.2022 passed by Judicial Magistrate, Women Court, Azamgarh in Criminal Case No. 5269 of 2020 (State Vs. Arvind Dubey and others) arising out of Case Crime No. 298 of 2013, under Sections 498A, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station-Jahanaganj, DistrictAzamgarh.

¶9

It has been submitted by learned counsel for the petitioners that they are named as an accused and are facing trial in Case Crime No. 298 of 2013, under Sections 498A, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station-Jahanaganj, DistrictAzamgarh on the basis of the FIR dated 10.10.2013 lodged by respondent No. 2 Sadhna Dubey. Petitioners being Jeth and Jethani of the first informant are living separately and have been falsely implicated in a matrimonial dispute. The discharge application moved by the petitioners has been rejected vide order dated 07.11.2022 on the basis of false and frivolous ground and even the Criminal Revision preferred by the petitioners is also rejected in the absence of the counsel for the petitioners. It has also been submitted that petitioner No. 1 Indresh Dubey is working at New Delhi and the petitioner No. 2 Nisha along with her children residing at Raebareli.

¶10

Considering the fact that the petitioners are residing separately and

¶11

had no role in the alleged incident, and in the absence of the counsel for the petitioners, impugned order has been passed which is against the interest of justice.

¶12

Considering the aforesaid facts and circumstances, the orders dated 29.02.2024 and 07.11.2022 are hereby set aside giving a fresh opportunity to the petitioners to move a discharge application within a period of three weeks from the date of order which shall be decided within two weeks thereafter in accordance with law after giving opportunity to both the parties and subject to their cooperation if, there is no other legal impediment.

¶13

With the aforesaid direction, the petition is disposed of.

¶14

Order Date :- 10.9.2024 Shivani

¶15

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Indresh Dubey and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Indresh Dubey and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Yashpal and 2 Others vs State of U.P. and Another

Narendra Singh vs State of Up and 2 Others

Mukesh Upadhyay vs Monika Upadhyay

Smt. Nazama Parveen and 2 Others vs Nadeem Rao

Sriniwas vs State of Up and Another

Shivam Verma vs Soni Choudhary