Disposed

Amreen Fatima and Another v. State of U.P. Thru. Prin.Secy. Home Lko and 2 Others

Allahabad HC9 Feb 2024A482/988/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C seeking quashing of a charge sheet and stay of related proceedings citing vague allegations. Notice issued and proceedings stayed till next hearing.

What did the court decide?

Stay on the operation and effect of the charge sheet dated 01.07.2023 and the entire related proceedings until the next date of listing.

Amreen Fatima and Another vs State of U.P. Thru… — Domestic Violence | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 988 of 2024 Applicant :- Amreen Fatima And Another

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Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko And 2 Others

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Counsel for Applicant :- Madhusudan Dutt Mishra,Arun Diwaker

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Madhusudan Dutt Mishra, the learned counsel for the applicants and Sri Sanjay Maurya, the learned A.G.A appearing on behalf of the State.

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By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet dated 01.07.2023 arising out of Case Crime No. 58/2023, under Sections 147, 323, 504, 506, 308, 392, 354 and 498-A I.P.C, Police Station Madeiganj, Lucknow as well as the entire proceedings of 'State Vs. Shahjahan' which is pending in the court of Judicial Magistrate-II, Lucknow.

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The opposite party no.2 had lodged an F.I.R No. 58 of 2023 on 04.06.2023 alleging commission of offences under Section 147, 323, 504, 506, 308, 392, 354 I.P.C. by nine named persons, including the applicants, who are father-in-law and wife of younger brother of her husband, alleging that quarrel started between the complainant and her husband at about 10:00 pm on 08.05.2023 because of non payment of any money to the complainant by her husband for the past several months. The complainant's husband caught hold of her hair and started beating her. She became unconscious and fell down. Son of the complainant gave information of the incident to the family members of the complainant and when those persons reached to settle the dispute, the persons residing in vicinity started

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abusing and beating them and they snatched away a gold chain, Rs. 5,000/-, A.T.M card, Adhaar Card etc and molested the compliant and her younger sister.

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The complainant was taken for medico legal examination, which showed abrasions on the back of left ear and back of neck.

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Although, the F.I.R stated that the complainant's husband had beaten her, he was not arrayed as an accused. After investigation, the investigating office submitted a charge sheet dated 01.07.2023 under Sections 147, 323, 504, 506, 354, 498A against 10 persons including, all the persons named in the F.I.R and husband of the complainant Izhaar.

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Seven other co-accused persons have filed an Application under section 482 Cr.P.C, No. 632 of 2024 and on 23.01.2024 and an interim order has been passed in that case in favour of those applicants.

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Relying upon the decision of the Hon'ble Supreme Court in the case of Kahkashan Kausar @ Sonam vs The State Of Bihar; reported in the year 2022 in Criminal Appeal No. 195 Of 2022 (arising out of S.L.P (Crl.) No. 6545 Of 202),the learned counsel for the applicant submitted that there are no specific allegations of commission of any act by any of the applicants and they have been robbed in the preset case on the basis of vague and omnibus allegations.

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The matter requires consideration.

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

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List this case in the week commencing 18.03.2024 along with the Application under Section 482 Cr.P.C No. 632 of 2024.

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Keeping in view the aforesaid facts of the case, it is

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provided that till the next date of listing, operation and effect of the order dated 01.07.2023 as well as the entire proceedings of 'State Vs. Shahjahan' which is related to the applicants shall remain stayed.

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(Subhash Vidyarthi,J.)

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Order Date :- 9.2.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Amreen Fatima and Another v. State of U.P. Thru. Prin.Secy. Home Lko and 2 Others

Case brief

What is this about?

What did the court decide?

Amreen Fatima and Another v. State of U.P. Thru. Prin.Secy. Home Lko and 2 Others

Case brief

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What did the court decide?

What the court decided

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