Application to quash a dowry-related complaint's summoning order because one accused had died before her statement was recorded and was wrongly included in the summons. The court held the error abates proceedings only against the deceased accused and dismissed the application.
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Neutral Citation No. - 2024:AHC:151368
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Serial No. 9)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 20111 of 2024
Applicant :- Subedar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaiya Lal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
proceedings cannot continue against the applicants herein.
summoned the applicants along with the deceased Malti Devi as the act of death of Malti Devi was not brought to the notice of the Additional Chief Judicial Magistrate.
Order Date :- 17.9.2024 Prashant D.
(Anish Kumar Gupta,J.)
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the summoning order is vitiated because the Magistrate summoned an accused who had died before the statements under Sections 200/202 Cr.P.C.
Whether failure to conduct inquiry under Section 202 Cr.P.C. invalidates the proceedings.
6 provisions across 3 enactments
Subedar
State of U.P.
Anish Kumar Gupta
As recorded by the court registry
4 orders share this CNR
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