Disposed

Smt. Ram Dulari and 4 Others v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko and Another

Allahabad HC4 Sept 2024A482/7836/2024

Case brief

AI extract

What is this about?

The High Court applied for an interim stay on complainant-related proceedings in a complaint filed under dowry and matrimonial offences. The court found that the Magistrate erred in issuing a summoning order because the complainant failed to provide an affirmed statement under Section 200 CrPC.

What did the court decide?

Proceedings of Complaint Case No. 9115 of 2022 relating to the petitioners are stayed until the next date of listing.

Smt. Ram Dulari and 4 Others vs State of U.P. Thru. Its… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 7836 of 2024

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Applicant :- Smt. Ram Dulari And 4 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Satish Kumar 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. now 528 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed praying for quashing of entire proceedings of Complaint Case No.9115 of 2022 In re Jai Singh Yadav vs Ram Dulari & Ors under Sections 498A, 323, 342, 379 IPC and 3/4 Dowry Prohibition Act, Police Station Alambagh, District Lucknow pending in the court of Judicial Magistrate-III, Lucknow.

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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. Four weeks' time is granted to the respondents to file counter affidavit(s) to which reply may be filed within next two weeks.

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6. Contention of the learned counsel for the petitioners is that the respondent No.2 is the son of petitioner No.1 and the brother of the petitioners No.2 to 5. He filed a complaint against the petitioners and others under Section 156(3) Cr.P.C. before the learned Judicial Magistrate-III, Lucknow alleging the offence under the aforesaid sections.

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7. Learned court has issued the summoning order dated 04.03.2024 in Complaint Case No.9115 of 2022 In re Jai Singh Yadav vs Ram Dulari & Ors after contending that the statements of the complainant under Sections 200 and of the witnesses 202 Cr.P.C. have been seen and

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notice has been issued.

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8. Contention is that perusal the statement under Section 200 of the Cr.P.C., a copy of which is Annexure-3 to the petition, would indicate that the said statement is of one Savita Yadav who is wife of respondent No.2.

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9. The argument is that Section 200 of the Cr.P.C. categorically provides that the Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, and thus under Section 200 Cr.P.C. it is the statement of the complainant which is to be seen and in the instant case once the complainant has failed to give any statement consequently the learned Magistrate has patently erred in issuing summoning order.

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10 . Considering the aforesaid prima facie a case for interference is made out. As such till the next date of listing further proceedings of Complaint Case No.9115 of 2022 In re Jai Singh Yadav vs Ram Dulari & Ors shall remain stayed so far as it relates to the petitioners.

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Order Date :- 4.9.2024

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prateek

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

Smt. Ram Dulari and 4 Others v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko and Another

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Smt. Ram Dulari and 4 Others v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko and Another

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