This interim order granted notice to the state regarding an application to quash criminal proceedings. The jurisdictional stay was not relaxed in this limited order.
Notice to the opposite party issued; interim protection granted till notice steps are taken.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 12 Case :- APPLICATION U/S 482 No. - 10549 of 2024 Applicant :- Shubhkaran Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And Another Counsel for Applicant :- Punit Kumar Shukla,Priyanka Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard.
The present application has been filed for the following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime no. 220/2022 354/323/498-A/504/506 IPC and 3/4 Dowry Prohibition Act, Police Station - Rampur Mathura, District Sitapur, as well as impugned Summoning order dated 6.1.2023 and charge sheet dated 21.9.2022, as contained in Annexure no. 1 and 2 to this petition."
Taking note of the allegations levelled in the FIR against the applicants, who are father-inlaw, brother-in-law (Jeth) and sister-in-law (Devrani) namely Shubhkaran Pandey, Amit Kumar Pandey and Smt. Poonam Pandey of the informant/opposite party No. 2 as also the law laid down by the Hon'ble Apex Court in the case of Geeta Mehrotra and others vs. State of U.P. and others reported in (2012) 10 SCC 741 and Kahkashan Kausar v. State of Bihar reported in (2022) 6 SCC 599 , this Court is of the view that the matter requires consideration.
Accordingly, issue notice to the opposite party No. 2.
Steps in this regard be taken within seven working days.
List after service of notice alongwith service report.
Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the same relates to the applicants.
In case, the steps are not taken within time specified, the interim protection granted by this Court shall not be available to them.
Order Date :- 22.11.2024 Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
Colour shows how this judgement treated each authority
Geeta Mehrotra and others vs. State of U.P. and othersReferred¶6
(2012) 10 SCC 741 · Who else cites this
Kahkashan Kausar v. State of BiharReferred¶6
(2022) 6 SCC 599 · Who else cites this
Shubhkaran Pandey And 2 Others
Jyoti Rajwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
