Partly allowed

Prashant Bhandari and Another v. State of U.P. Thru. Prin.Secy. Home and Another

Allahabad HC15 May 2024A482/4469/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad (Lucknow Bench) considered an application under Section 482 Cr.P.C. seeking quashing of summoning and warrant orders and proceedings in a domestic violence criminal complaint. The court noted prima facie considerations regarding counterblast allegations.

What did the court decide?

Stay of entire proceedings in Criminal Complaint Case No.8548 of 2024 including the impugned summoning order dated 14.3.2024 till further orders.

Prashant Bhandari and Another vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4469 of 2024

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Applicant :- Prashant Bhandari And Another Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Karunanidhi Yadav,Krishna Kant Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants and learned A.G.A. for respondent State.

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The present application has been filed by the applicant for quashing of the impugned summoning order dated 14.3.2024, Bailable warrant dated 18.4.2024, non-bailable warrant order dated 2.5.2024 passed by the learned Chief Judicial Magistrate, Lucknow in Criminal Complaint Case No.8548 of 2024, order dated 24.1.2024 passed in applicaton under Section 156(3) Cr.P.C. in Cae No. 111 of 2024 as well as proceedings of criminal complaint case no.8548 of 2024.

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Learned counsel for the applicants submits that the applicant no.1 is the brother of the husband of respondent no.2 and applicant no.2 is the wife of applicant no.1. Both are residing in India. Whereas respondent no.2 is the permanent resident of Australia and her husband Sushant Bhandari, the brother of applicant no.1 is also residing at Australia permanently.

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It is submitted that the complainant has filed the frivolous case against the applicant and the other accused narrating false allegation as a counterblast and after concealing the filing of several cases against her by her husband in Austraila which are narrated in the application. It has not been disclosed that she has been restrained by the Magistrate Court of Victoria, Australia vide interim order dated 3.11.2023 and final order dated 27.2.2024 from commiting family violence against her husband. The complainant has misused the process of law by filing an application under Section 156 (3) Cr.P.C. and has not approached the court with clean hands and has concealed several relevant facts and the filing of

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various cases under Domestic Violence Act by her wife in Australia. The impugned proceedings are nothing but counterblast and abuse of process of the law.

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Prima facie the matter requires consideration.

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Issue notice to respondent no.2 returnable at an early date.

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On due consideration to the above and the judgement of Apex Court in the case of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the entire proceedings of Complaint Case No.8548 of 2024 (Shweta Bhandari vs. Sushant Bhandari and others) including impugned summoning order dated 14.3.2021 shall remain stayed till further orders of this Court.

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List on 25.7.2024.

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Order Date :- 15.5.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Prashant Bhandari and Another v. State of U.P. Thru. Prin.Secy. Home and Another

Case brief

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Prashant Bhandari and Another v. State of U.P. Thru. Prin.Secy. Home and Another

Case brief

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