Sona Devi and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC3 Jul 2024A482/5611/2024

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What is this about?

Applicants, whose names were dropped by the investigating officer but summoned under Section 319 Cr.P.C. on general omnibus testimony in a dowry death case, sought quashing of trial proceedings. The court issued notice, stayed proceedings relating to the applicants until August 2024, and directed steps within four days.

What did the court decide?

Proceedings against the applicants stayed till next listing date, subject to notice steps being taken within four working days.

Sona Devi and Others vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 5611 of 2024 Applicant :- Sona Devi And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dhananjay Kumar Singh,Piyush Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record.

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The present petition under Section 482 Cr.P.C read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants for quashing of entire proceedings of S.T. No. 110 of 2022 arising out of Case Crime No. 112 of 2022 under Section 498-A, 304 B IPC and Section 3/4 D.P.Act, P.S.-Utraula, District-Balrampur as well as impugned order dated 29.05.2024 passed on the application preferred under Section 319 Cr.P.C.

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Considering the facts, as indicated, including that the Investigating Officer after due investigation found that the applicants, who are mother-in-law (Sona Devi), brothers-in-law of the deceased, are not involved in the crime and therefore dropped their name and filed the charge sheet against the husband of deceased namely Vishnu Dayal as also taking note of the allegations against the applicants made by PW-1 and PW-2 before the trial court, which are general and omnibus in nature and trial court without considering this aspect of the case and recording satisfaction regarding involvement of the applicants in the crime, in cursory manner passed the impugned order and also the observations made by the Hon'ble Apex Court in the judgment passed in the case of Mirza Iqbal alias Golu and another vs. State of Uttar Pradesh and another reported in 2021 SCC OnLine SC 1251 , this Court is of the view that the matter requires consideration.

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Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within four working days.

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List/put up this application in the month of August, 2024.

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Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the same relate to the applicants.

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It is made clear that in case the steps are not taken within specified time aforesaid, then the benefit of this order would not be available to the applicants.

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Order Date :- 22.7.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sona Devi and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Sona Devi and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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