Prem Narain Rastogi and Another v. State of U.P Thru. Prin. Secy. Home Lko. and Another

Allahabad HC13 Feb 2024CRLR/121/2024

Case brief

AI extract

What is this about?

Criminal revision challenging rejection of a discharge application by the accused father-in-law and sister-in-law in a dowry harassment FIR. The court found the matter requires consideration, issued notice to the complainant, fixed timelines for counter and rejoinder affidavits, and stayed trial proceedings against the revisionists until the next date.

What did the court decide?

Notice issued to opposite party No.2; interim stay on proceedings of Case No.10134 of 2022 as against the revisionists till next date of listing.

Prem Narain Rastogi and Another vs State of U.P Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12900

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 121 of 2024

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Revisionist :- Prem Narain Rastogi And Another Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Manish Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Manish Bajpai learned counsel appearing for the revisionists and Sri Gyanendra Singh, learned Additional Government Advocate and perused the record.

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2. By means of the instant revision filed under Section 397/401 Cr.P.C., the revisionists have challenged the validity of the order dated 08.01.2014 passed by Judicial Magistrate-III, Lucknow in Case No.10134 of 2022 whereby an application filed for discharge of the revisionists under Section 227 of the Cr.P.c.has been rejected.

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3. Submission of the learned counsel for the revisionists is that opposite party No.2 has lodged FIR No.669 of 2020 against her fatherin-law (revisionist No.1) and her sister-in-law (revisionist No.2) alleging her harassment by the accused persons for demanding dowry. 4. During statement of the complainant recorded under Section 161 Cr.P.C., she did not make any specific allegation of commission of any act by the revisionists No.2, who is married sister of the complainant's husband and who resides in her matrimonial home at Lucknow.

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5. Several questions were put to the complainant by the investigating officer to the effect that revisionist No.1 is an old and blind person and he is not even capable of performing his daily chores. The complainant stated that she would not live in the house of the revisionist No.1 at Sidhauli and she is willing to live with her husband separately at Lucknow, even in a rented accommodation.

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6. Submission of the learned counsel for the revisionists is that the aforesaid statement of the complainant reveals that she has leveled

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sweeping allegations against the father and sister of her husband merely to put pressure in the matrimonial dispute between her and her husband due to which she wants to live separately with her husband.

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7. Learned counsel for the revisionists has relied upon a judgment of the Supreme court in the case of Kahkashan Kausar vs State of Bihar : (2022) 6 SCC 599 wherein the Hon'ble Supreme Court has expressed concern over the misuse of Section 498A IPC and increased tendency of implication of husband's close relatives in matrimonial disputes.

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8. The matter requires consideration.

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9. Issue notice to opposite party No.2 returnable at an early date.

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10. Two weeks' time is granted to opposite parties to file counter affidavit. Two weeks' time thereafter shall be available to the applicants to file rejoinder affidavit.

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11. List in the week commencing 18.03.2024.

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10. Till the next date of listing of the case, proceedings of Case No.10134 of 2022 shall remain stayed so far as the revisionists are concerned.

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Order Date :- 13.2.2024 prateek

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

Prem Narain Rastogi and Another v. State of U.P Thru. Prin. Secy. Home Lko. and Another

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Prem Narain Rastogi and Another v. State of U.P Thru. Prin. Secy. Home Lko. and Another

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