Disposed

Sandhya and 4 Others v. State of Up and Another

Allahabad HC17 Oct 2024A482/17231/2024

Case brief

AI extract

What is this about?

The court heard an application under Section 482 Cr.P.C. seeking inhibition of coercive action against the applicants in a pending complain case. It allowed the application to file a counter affidavit and directed no coercive action until the next listing.

What did the court decide?

No coercive action shall be taken against the applicants until the next date of listing on 05.12.2024.

Sandhya and 4 Others vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 17231 of 2024 Applicant :- Sandhya And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.,Vipin Chandra Pandey

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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Learned counsel for the applicants submitted that applicant no.1 is wife of the complainant / opposite party no.2 and applicant nos.2 to 5 are her family members and that no case is made out against them. It was submitted that applicant no.1 has filed a case under Section 125 Cr.P.C. on 01.06.2023 and after that the impugned complaint has been lodged on 07.06.2023 making false and baseless allegations. Only general and vague allegations have been levelled. It was submitted that the impugned complaint has been filed in order to exert undue pressure upon the applicant no.1 and her family members. Referring to facts of the matter, it was submitted that no prima-facie case is made out against applicants.

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Learned counsel for the opposite party no.2 and learned A.G.A. have opposed the application and submitted that applicants have been summoned on the basis of evidence. After marriage, the applicant no.1 has remained in her matrimonial home only for five days and thereafter she had gone by taking her all jewellery and when opposite party no.2 went to her parental home, he was assaulted by the applicants. It was submitted that a prima facie case is made out against the applicants.

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Matter requires consideration.

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Counter affidavit may be filed by the opposite party no.2 within four weeks.

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List this case on 05.12.2024.

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It is directed that till the next date of listing, no coercive action shall be taken against the applicants, namely, Sandhya, Sheelendra, Subhash, Jeetu and Pawan in Complaint Case No. 17701 of 2023 (Vishnu Vs. Sandhya and others), under Sections - 323, 504, 506 I.P.C., Police Station - Kheragarh, District - Agra, pending in the court of Judicial Magistrate-02, Agra.

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Order Date :- 17.10.2024 RKM

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Sandhya and 4 Others v. State of Up and Another

Case brief

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Sandhya and 4 Others v. State of Up and Another

Case brief

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