The applicant sought quashing of a summoning order under Section 482 Cr.P.C. in a dowry case. The court observed prima facie lack of specific allegations against the applicant and stayed proceedings pending notice to the second respondent.
Notice issued to respondent no.2; proceedings against applicant stayed.
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Court No. - 11
Case :- APPLICATION U/S 482 No. - 7186 of 2024 Applicant :- Anupama Pandey Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Paritosh Shukla,Sukh Deo Singh Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
& Anr : (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam & Ors vs State of Bihar & Ors: (2022) 6 SCC 599 , the argument is that the Hon'ble Supreme Court in both the judgments has held that there is a general tendency of the complainant to involve all the members of the family of her husband. Further, it has been observed that where allegations are being levelled, such allegations should be specific and disclosure of active involvement of accused has to be emphasized.
Order Date :- 14.8.2024 J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the summoning order deserves consideration prima facie.
Colour shows how this judgement treated each authority
Geeta Mehrotra & Anr vs State of U.P.Referred¶11
Geeta Mehrotra & Anr vs State of U.P. & Anr : (2012) 10 SCC 741 · Who else cites this
Kahkashan Kausar @ Sonam & Ors vs State of BiharReferred¶11
Kahkashan Kausar @ Sonam & Ors vs State of Bihar & Ors: (2022) 6 SCC 599 · Who else cites this
1 provisions across 1 enactments
Anupama Pandey
State Of U.P.
Abdul Moin
J. K. Dinkar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
