Disposed

Prem Chandra Gupta and Another v. State of U.P. and Another

Allahabad HC25 Sept 2024A482/21469/2024

Case brief

AI extract

What is this about?

In this short order, Hon'ble Anish Kumar Gupta, J., granted interim non-coercive measures against the applicants until a joint disposal with a related Section 482 Cr.P.C. application. The case was adjourned for filing counter affidavits.

What did the court decide?

Issue notice; no coercive steps against applicants until joint disposal with connected application.

Prem Chandra Gupta and Another vs State of U.P… — Writ and Judicial Review | Allahabad HC (2024)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.9)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 21469 of 2024

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Applicant :- Prem Chandra Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Lal Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Shiv Lal, learned counsel for the applicants and Sri Anish Kumar Upadhyay, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 08.04.2022 as well as the entire proceeding of Complaint Case No. 653 of 2011 (Gunja Devi vs. Harish Chandra and others), under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, pending in the court of Civil Judge (J.D.) F.T.C. Court No.21, Allahabad.

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It is submitted by the learned counsel for the applicants that the applicant nos.1 and 2 are the brother-in-law and sister-in-law (Jeth and Jethani) of the opposite party no.2 and the instant complaint case has been filed making general and vague allegations without there being any specific allegation against any of the applicants. Learned counsel for the applicants further submits that on an application filed by the mother-in-law and the sister-in-law (Nanad), this Court has already entertained the matter in that Application under Section 482 Cr.P.C. No. 31190 of 2023 (Smt. Lalti Devi and others vs. State of U.P. and another). Learned counsel for the applicants further submits that general and vegue allegations have been made in the instant complaint case and no specific allegation has been made against the applicans, though the instant case is fully covered with the judgment of the Apex Court in the case in Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464.

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Matter requires consideration.

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Issue notice to the opposite party no.2 returnable at an early date.

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Learned AGA has accepted notice on behalf of the opposite

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party no.1.

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All the opposite parties may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

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List along with Application under Section 482 Cr.P.C. No. 31190 of 2023 (Smt. Lalti Devi and others vs. State of U.P. and another).

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Till then, no coercive steps shall be taken against the applicants in pursuance of Complaint Case No. 653 of 2011 (Gunja Devi vs. Harish Chandra and others), under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, pending in the court of Civil Judge (J.D.) F.T.C. Court No.21, Allahabad.

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Order Date :- 25.9.2024 Ashish Pd.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Prem Chandra Gupta and Another v. State of U.P. and Another

Case brief

What is this about?

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Prem Chandra Gupta and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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