Partly allowed

Rohitash Mishra Alias Rohitashwa Mishra Alias Rohit v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC18 Jul 2024A482/6277/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC (Section 528 BNSS), the applicant challenged proceedings of a dowry case. The court noted the petitioner's leave account showed no leave was granted on the alleged incident date, making interference possible. Consequently, the proceedings were stayed pending further notice.

What did the court decide?

Proceedings of Complaint Case No. 1755 of 2021 in the Court of Chief Judicial Magistrate, Balrampur are stayed till the next date of listing.

Rohitash Mishra Alias Rohitashwa… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 6277 of 2024

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Applicant :- Rohitash Mishra Alias Rohitashwa Mishra Alias Rohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another

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Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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1. Heard.

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2. Instant petition under Section 482 Cr.P.C.-528 B.N.S.S. has been filed challenging the proceedings of Complaint Case No.1755 of 2021 In re Sushma Devi vs Rohitash & Ors under Sections 498A, 323 IPC, 3/4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Balrampur pending in the court of learned Chief Judicial Magistrate, Balrampur.

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3. Issue notice to respondent No.2.

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4. List on the date indicated in the notice.

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5. Contention of the learned counsel for the petitioner is that on the basis of the complaint of respondent No.2, who happens to be the wife of the petitioner, for the alleged incident which is said to have occurred on 21.07.2019 (wrongly typed as 21.07.2009 in the order), the petitioner has been summoned.

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6. As per the statement of the victim, it has been contended that the petitioner came to her house on 21.07.2019 and to have demanded dowry. A copy of the statement of the victim is Annexure-8 to the petition.

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7. It is contended that as per the leave account of the petitioner, a copy of which is Annexure-11 to the petition, which has been issued by the Garrison Engineer, the petitioner was on duty inasmuch as the leaves as obtained by the petitioner have duly been set forth in the said order which indicates that the petitioner had not been granted leave on 21.07.2019 conseqeuntly there cannot be any occasion for the alleged incident to have occurred on 21.07.2019.

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8. Accordingly, considering the aforesaid leave account which is said to have been issued by the competent authority i.e. Garrison Engineer, a case for interference is made out.

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9. It is provided that till the next date of listing, proceedings of Complaint Case No.1755 of 2021 In re Sushma Devi vs Rohitash & Ors pending in the court of learned Chief Judicial Magistrate, Balrampur shall remain stayed.

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Order Date :- 18.7.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Rohitash Mishra Alias Rohitashwa Mishra Alias Rohit v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Rohitash Mishra Alias Rohitashwa Mishra Alias Rohit v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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