Abbas Ali and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11

Case :- APPLICATION U/S 482 No. - 6299 of 2024 Applicant :- Abbas Ali And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. 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 order dated 23.12.2023 passed by the learned Additional Civil Judge (S.D.)-I/A.C.J.M., Sultanpur in Criminal Case No.10785 of 2023 Shahana Bano vs Arkat Ali & Ors as well as judgement and order dated 24.05.2024 passed by the learned Sessions Judge, Sultanpur in Criminal Revision No.71 of 2024.

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3. Issue notice to respondent No.2.

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4. List along with Application U/S 482 No.5985 of 2024 In re Mohd Toyyab & Anr vs State of U.P.

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5. Contention of the learned counsel for the petitioners is that petitioners No.1 & 3 are brothers-in-law of the respondent No.2 while petitioners No.2 and 4 are sisters-in-law of respondent No.2. Learned court below has summoned the petitioners on the basis of complaint which has been lodged by respondent No.2.

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6. Further contention is that perusal of the order impugned would indicate that only general allegations have been levelled against inlaws-petitioners herein and main dispute is between respondent No.2 and her husband and the in-laws have separate living from respondent No.2 as averred in para 23 of the petition.

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7. The matter requires consideration. As such no coercive action shall be taken against the petitioners in pursuance of the impugned order 23.12.2023 passed by the learned Additional Civil Judge (S.D.)I/A.C.J.M., Sultanpur in Criminal Case No.10785 of 2023 Shahana Bano vs Arkat Ali & Ors till the next date of listing of the case.

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Order Date :- 18.7.2024

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prateek

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

Abbas Ali and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Abbas Ali and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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