Disposed

Shiv Mangal and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC21 Aug 2024A482/7342/2024

Case brief

AI extract

What is this about?

The High Court considered an application under Section 482 Cr.P.C challenging summoning orders. Recognizing a prima facie case due to a related stay order, the court stayed further proceedings in the complaint case pertain to the applicants.

What did the court decide?

Further proceedings in Complaint Case No. 535 of 2022 pending before the Learned Judicial Magistrate, Purwa, Unnao shall remain stayed so far as it pertains to the applicants.

Shiv Mangal and 2 Others vs State of U.P. Thru. Prin… — Domestic Violence | Allahabad HC (2024)

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Court No. - 11 Case :- APPLICATION U/S 482 No. - 7342 of 2024 Applicant :- Shiv Mangal And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. 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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Heard.

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Issue notice to the respondent no. 2 returnable at an early date.

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Steps be taken within a week.

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List on the date to be indicated in the notice by the office.

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Instant application under Section 482 of the Cr.P.C now Section 528 of the Bhartiya Nagrik Shraksha Sanhita has been filed challenging the summoning order dated 04.11.2022 passed by the learned Judicial Magistrate, Purwa, Unnao in Complaint Case No. 535 of 2022 Inre; Aradhana Devi Vs. Rakesh Kumar and Ors whereby the applicants have been summoned for an offence under Sections 498-A, 323, 504, 506 I.P.C and 3/4 of the Dowry Prohibition Act, a copy of which is annexure 2 to the application. Also under challenge is the order dated 23.05.2024 passed by the learned Additional Sessions Judge/FTC, Unnao in Criminal Revision No. 145 of 2022 whereby the revision filed by the revisionists has been rejected, a copy of which is annexure 1 to the application.

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The contention is that the applicants no. 1, 2 & 3 are the father in law, mother-in-law & sister-in-law respectively of the respondent no. 2.

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For the offences as aforesaid, the complaint had been filed which has resulted in the learned Court summoning the applicants and the revision filed against the summoning order has also been rejected.

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The argument is that the brother-in-law, sister-in-law & nephew of the respondent no. 2 had approached this Court by filing an application under Section 482 Cr.P.C No. 3924 of 2024 Inre; Rajendra Kumar and Ors Vs. State of U.P and Ors and this Court vide order dated 29.04.2024, a copy of which is annexure 7 to the application after considering the various judgments of the Apex Court has stayed the proceedings pending before the learned Judicial Magistrate, Purwa, Unnao. It is submitted that the applicants are also similarly circumstanced and the benefit of the aforesaid order may also be extended to the applicants of the instant application.

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Considering the order of this Court dated 29.04.2024, a prima facie case for interference is made out. As such, till the next date of listing, the further proceedings of Complaint Case No. 535 of 2022 Inre; Aradhana Devi Vs. Rakesh Kumar and Ors pending before the learned Judicial Magistrate, Purwa, Unnao shall remain stayed so far as it pertains to the applicants.

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Order Date :- 21.8.2024 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Shiv Mangal and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Shiv Mangal and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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