Disposed

Smt. Manjusha Gupta and Another v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Another

Allahabad HC9 Feb 2024A482/1238/2024

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. petition, the High Court directed the opposite party to file a counter affidavit, listed the matter for hearing, restrained coercive proceedings against the petitioners, and imps on the defence that the petitioners were falsely implicated in a matrimonial dispute.

What did the court decide?

Refrain from taking coercive proceedings against petitioners until next listing.

Smt. Manjusha Gupta and Another vs the State of… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 1238 of 2024

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Applicant :- Smt. Manjusha Gupta And Another Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lucknow And Another Counsel for Applicant :- Prabh Jot Kaur Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Ms. Harsh Preet Kaur, Advocate holding brief of Ms. Prabhjot Kaur, learned counsel for the petitioners and the learned Additional Government Advocate for the State.

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2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. By means of this petition filed under Section 482 Cr.P.C., the petitioner have prayed for quashing and setting aside the impugned charge-sheet No.01 dated 24.04.2023 (Annexure No.1) along with order of cognizance dated 21.08.2023 (Annexure No.2) passed by the learned court below and the entire proceedings of Case Crime No.0033 of 2023 (State vs. Ashish Kumar Gupta & others), under Sections 498-A & 504 I.P.C., Police Station-Wazirganj, District-Lucknow pending in the court of learned Special Additional Chief Judicial Magistrate, C.B.I.(A.P.), Lucknow, so far as it relates to the present petitioners.

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5. As per learned counsel for the petitioners, the present petitioners are sister-in-law 'Nanad' of opposite party No.2 and they have been falsely implicated in the matrimonial dispute of opposite party No.2 with her husband. They have nothing to do with the family affairs of opposite party No.2. Further, no specific allegation has been levelled against the present petitioners/ applicants. Therefore, in view of dictum of Apex Court in re: Geeta Mehrotra and Another vs. State of U.P. and Another, (2012) 10 SCC 741, such proceedings on the basis of general allegations should be avoided against the family members of the person against whom, his wife or her family members have lodged the complaint.

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6. The matter requires consideration.

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7. Let the counter affidavit be filed within a period of four

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weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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8. List this case in the Ist week of April, 2024.

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9. Till the next date of listing, no coercive proceedings shall be taken against the present petitioners in pursuance of the aforesaid case crime number.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 9.2.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Manjusha Gupta and Another v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Another

Case brief

What is this about?

What did the court decide?

Smt. Manjusha Gupta and Another v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lucknow and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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