This order issues notice and grants a stay on further proceedings to prevent the misuse of the complaint case process as a counterblast to the applicant's FIR.
Issue notice to respondent no. 2 and stay further proceedings in Complaint Case No. 11433 of 2023 till next listing.
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Court No. - 11 Case :- APPLICATION U/S 482 No. - 7725 of 2024 Applicant :- Smt. Khushnuma And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dheeraj Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
Issue notice to respondent no. 2 returnable at an early date.
All the respondents may file objections / counter affidavit within four weeks to which reply may be filed within next two weeks.
List thereafter.
By means of the instant application the applicants have challenged the summoning order dated 08.02.2024 passed by learned Chief Judicial Magistrate, Unnao, in Complaint Case No. 11433 of 2023 in re: Nahroon vs Khushnuma and others, a copy of which is annexure 1 to the application.
The contention of learned counsel for the applicants is that applicant no. 1 is daughter in law of respondent no. 2 while respondents no. 2 to 4 are family members of applicant no. 1. The applicant no. 1 had got married with son of respondent no. 2 on 22.06.2018. On account of harassment which was meted out to applicant no. 1 she was constrained to lodge an FIR on 16.09.2023 for an incident dated 14.09.2023. The FIR was lodged under the provisions of Sections 498-A, 452, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, 1961, a copy of the FIR is annexure 3 to the application. As a counterblast to the said FIR, a complaint case has been filed by respondent no. 2 on the applicants on 18.09.2023, a copy of which is annexure 2 to the application, for offences under Sections 380, 384, 452,
323, 504, 506, 406 IPC. On the basis of the same, learned court has issued summoning order dated 08.02.2024 and hence the application.
The contention of learned counsel for the applicants is that it is only as a counterblast to the FIR as has been lodged by the applicant no. 1 against the respondent no. 2 and the family members that the aforesaid complaint case has been filed and the said complaint also does not disclose lodging of FIR by applicant no. 1.
Considering the aforesaid, a prima facie case for interference is made out.
As such, till the next date of listing, the further proceedings of Complaint Case No. 11433 of 2023 in re: Nahroon vs Khushnuma and others shall remain stayed.
Order Date :- 2.9.2024 J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether to issue notice and grant stay on summons in a complaint case filed as counterblast to an FIR.
Whether a prima facie case for interference exists to stay the summoning order.
Smt. Khushnuma And Others
State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Abdul Moin
J. K. Dinkar
As recorded by the court registry
2 orders share this CNR
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