Disposed

Sandeep Rawat and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. and Another

Allahabad HC22 Apr 2024A482/3663/2024

Case brief

AI extract

What is this about?

High Court held an application under Section 482 Cr.P.C. for quashing summoning orders and proceedings. Issued notices, directed a stay of proceedings pending the AGA's counter affidavit, and listed the matter after service of notice.

What did the court decide?

Stayed further proceedings in Complaint Case No.72512 of 2023 pending counter affidavit by the AGA.

Sandeep Rawat and 2 Others vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 3663 of 2024

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Applicant :- Sandeep Rawat And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Another

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Counsel for Applicant :- Sourabh Rastogi Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the applicants and the learned AGA appearing for opposite party no.1.

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Issue notice to opposite party no.2.

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Steps to be taken within one week.

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List after service of notice.

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This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 31.10.2024 and the entire proceedings of Complaint Case No.72512 of 2023 (Sushil Kumar Rawat Vs. Arun Rawat and others), under Section 323, 504 and 506 IPC, Police Station Nigoha, District Lucknow, pending in the court of the Additional Chief Judaical Magistrate-I, Court No.25, Lucknow.

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Learned counsel for the applicants submits that Savita was married to Sushil Kumar Rawat, opposite party no.2 on 05.12.2012 and after marriage, the relation was not good between opposite party no.2 and Savita. Applicant nos.1 and 2 are the brothers and applicant no.3 is the father of Savita. An FIR was lodged on 12.09.2016 against opposite party no.2 and his family members at Case Crime No.177 of 2016, under Sections 498A, 323 and 506 IPC and Section 3/4 Dowry Prohibition Act, in which charge sheet has also been filed. He further submits that applicants being the relatives of Savita, are being harassed by opposite party no.2 and this complaint has been filed under Sections 323, 504 and 506 IPC with malicious

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intention. It is submitted that the applicants have been falsely implicated and out of vengeance.

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Prima facie, the matter requires consideration.

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Learned AGA may filed counter affidavit within four weeks.

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Till the next date of listing, further proceedings of Complaint Case No.72512 of 2023 (Sushil Kumar Rawat Vs. Arun Rawat and others), under Section 323, 504 and 506 IPC, Police Station Nigoha, District Lucknow, pending in the court of the Additional Chief Judaical Magistrate-I, Court No.25, Lucknow, shall remain stayed.

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(Brij Raj Singh, J.)

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Order Date :- 22.4.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Sandeep Rawat and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. and Another

Case brief

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What did the court decide?

Sandeep Rawat and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. and Another

Case brief

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What did the court decide?

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