Allowed

Mohd. Qayyum @ Kayum and Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home, Lko. and Another

Allahabad HC13 May 2024A482/4371/2024

Case brief

AI extract

What is this about?

The High court received a petition under Section 482 Cr.P.C. to quash criminal proceedings for alleged offences under IPC Sections 323, 504, 498A and D.P. Act. The applicant claimed the case was an abuse of process based on the complainant's statements. After hearing, the court stayed the criminal proceedings outlined in the petition.

What did the court decide?

Stay order on the proceedings of Criminal Case No. 13095/2023 qua the petitioners. Time granted for counter affidavit.

Mohd. Qayyum @ Kayum and Others vs State of U.P. Thru… — Domestic Violence | Allahabad HC (2024)

¶1

Court No. - 15

¶2

Case :- APPLICATION U/S 482 No. - 4371 of 2024 Applicant :- Mohd. Qayyum @ Kayum And Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Shantanu Sharma,Anshuman Sharma,Ashok Kumar Pandey Iind,Athar Ali Counsel for Opposite Party :- G.A.

¶3

Hon'ble Karunesh Singh Pawar,J.

¶4

Heard learned counsel for the petitioners as well as learned AGA for the State.

¶5

By this petition, the petitioner has prayed for the following relief:-

¶6

"To quash the illegal impugned summoning order dated 04/09/2023 issued in Criminal Case No. 13095/2023 against the petitioner for the offences under section 323,504,498A I.P.C. & 3/4 D.P. Act in re: Shehnaz Bano Vs. Mohd. Qayyum & others pending before the Court of Addl. Chief Judicial Magistrate, Court No.21, Sultanpur i.e. Annexure No.1, in the interest of justice"

¶7

Learned counsel for the petitioners submits that perusal of the statement of the complainant recorded under Section 200 Cr.P.C. as well as statements of the witnesses recorded under Section 202 Cr.P.C. shows that general and sweeping allegations have been made by the complainant, who was already married 20 years ago, against the family members of the petitioners. The proceedings are nothing but abuse of process of law.

¶8

Perusal of the record, so also the judgment of the Supreme Court passed in the case of "Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599", prima facie matter requires consideration.

¶9

Let notices be issued to respondent no. 2.

¶10

Learned AGA prays for and is granted four weeks time to file counter affidavit.

¶11

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

¶12

List on 23.07.2024.

¶13

Till further orders, the proceedings of Criminal Case No. 13095/2023, under section 323,504,498A I.P.C. & 3/4 D.P. Act in re: Shehnaz Bano Vs. Mohd. Qayyum & others pending before the Court of Addl. Chief Judicial Magistrate, Court No.21, Sultanpur qua the petitioners are stayed.

¶14

Order Date :- 13.5.2024 R.C.

¶15

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Qayyum @ Kayum and Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

Mohd. Qayyum @ Kayum and Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

M/S Antriksh Realtech Pvt. Ltd. Ghaziabad Thru. Auth. Signatory Mr. Rajesh Kumar Vs Amit Saxena

Akbar and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Manish Maheshwari Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Shyamu Alias Lala Vs State of U.P. Thru. Prin. Secy. Home, Lucknow

Ram Harish Tiwari Vs State of U.P. Thru. Prin. Secy. Food and Civil Supply, Civil Sectt. Lko. and 5 Others

Vijay Bahadur Verma Vs State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Revenue,Lko. and 6 Others