Disposed

Sahana Bashir and 3 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC26 Jul 2024A482/4512/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the court considered quashing a charge sheet involving allegations of domestic violence. Reliance was placed on Kahkashan Kausar. Notices were issued, and the proceedings related to the petitioners were kept in abeyance.

What did the court decide?

Proceedings relating to present petitioners kept in abeyance; notices issued to respondent; time granted for counter affidavit.

Sahana Bashir and 3 Others Vs State of U.P. Thru. Secy… — Domestic Violence | Allahabad HC (2024)

¶1

Court No. - 15 Case :- APPLICATION U/S 482 No. - 4512 of 2024 Applicant :- Sahana Bashir And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Om Prakash Nag Counsel for Opposite Party :- G.A.

¶2

Hon'ble Karunesh Singh Pawar,J.

¶3

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

¶4

By this petition, the petitioners have prayed for the following relief:-

¶5

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash /set aside the Charge Sheet No. 01/2024 dated 02.02.2024 U/Ss 498A/323/504/506 I.P.C. & 3/4 of the D.P. Act filed in the Case Crime No. 021/2023 (State ..Vs.. Mohd. Amir Sahjad & others) by the Police /investigating officer of Police Station Mahila Thana Sultanpur, relating to the petitioners as contained in Annexure No.1 to this petition."

¶6

Learned counsel for the petitioners submits that petitioner no. 1 and 2 are sisters-in-law of respondent no. 2 and petitioner no. 3 and petitioner no. 4 are brothers-in-law of respondent no. 2. All the petitioners are resident of District Kanpur Nagar whereas respondent no. 2 along with her husband are residing at a separate address in Kanpur Nagar.

¶7

It has been further submitted that the impugned FIR has been lodged against all the family members of the petitioners by making general and sweeping allegations. No specific allegation has been made against the petitioners. Respondent no. 2 has only made allegations against her husband.

¶8

Learned counsel for the petitioners in support of his contention has placed reliance upon the judgment of the Supreme Court passed in the case of "Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599". Emphasis is on para 18.

¶9

Perused the record. Prima facie the matter requires

¶10

consideration in view of the law laid down by the Supreme Court in the case of Kahkashan Kausar (supra).

¶11

Let notices be issued to respondent no. 2.

¶12

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

¶13

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

¶14

List on 26.07.2024.

¶15

Till further orders of the Court, the impugned proceedings of Case Crime No. 021/2023 (State ..Vs.. Mohd. Amir Sahjad & others) U/Ss 498A/323/504/506 I.P.C. & 3/4 of the D.P. Act, P.S. Mahila Thana, District Sultanpur shall be kept in abeyance so far as they relate to the present petitioners.

¶16

Order Date :- 16.5.2024 R.C.

¶17

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

Sahana Bashir and 3 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Sahana Bashir and 3 Others v. State of U.P. Thru. Secy. Home Deptt. 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

Mohammad Wahid Vs the State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Others

Gaurav Tiwari Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Krishna Devi and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Civil Secrt. Lko. and Another

Rajan Kashyap and 3 Others Vs State of U.P. Thru. Addil. Chief Secy. Home Civil Secrt. Lko. and Another

Nikhil Kumar @ Ritesh Awasthi and Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another

Hit Lal Kanaujia Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others