The Court stayed the criminal proceedings pending trial arising from an F.I.R. lodged on vague allegations. The stay was directed pending the appearance of the opposite party to cooperate with a compromise, which is on record.
Stay of criminal proceedings Crime No.0733 of 2021 pending until next date.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 2201 of 2024 Applicant :- Manish Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Dinesh Kumar Srivastava,Ajai Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for applicant and learned A.G.A. for the respondent State.
Learned counsel for the applicant submits that F.I.R. has been lodged against the applicant on the basis of the false facts. Vague, general and sweeping allegations have been made against the applicant. No offence is constituted on the basis of such allegations. Cognizance was taken by the learned trial court mechanically. Since, the matter was related to the matrimonial dispute, the parties have entered into the compromise, which is on record as Annexure-3 to the application. He further submits that on the strength of that compromise, earlier the applicant has filed APPLICATION U/S 482 No. 4021 of 2023 Mr. Manish Kumar vs. State of U.P. and another before this Court. Respondent no.2 is not cooperating with the matter and only to harass the applicant she is avoiding the verification process as directed by the coordinate Bench of this Court in the aforementioned case.
Learned A.G.A. however, does not dispute the
facts which are available on record.
In view of the above, let a notice be issued to respondent no.2, who is directed to appear before this court on the next date.
In the meantime, the entire proceedings of Case Crime No.0733 of 2021 under Section 498A, 323, 504, 506 Indian Penal Code, Police Station Ashiyana, Lucknow pending before the court of Special Additional Chief Judicial Magistrate, C.B.I. (A.P.) Lucknow, shall remain stayed.
List on 23.4.2024.
Order Date :- 1.4.2024 Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the F.I.R. has been lodged on the basis of false facts and vague allegations?
1 provisions across 1 enactments
Manish Kumar
State Of U.P. Thru. Prin. Secy. Home
Another
Karunesh Singh Pawar
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
