Quashed

Raj Kumar Maurya @ Raju and Another v. State of U.P. Thru. Chief Secy. Home Lko. and Another

Allahabad HC11 Jan 2024CRLR/26/2024

Case brief

AI extract

What is this about?

In Criminal Revision No. 26 of 2024, this court quashed an interim order dated 02.12.2023 that granted a stay on proceedings. The court directed issuance of notice to the opposite party and granted time for filing counter affidavit.

What did the court decide?

Stay on proceedings dated 02.12.2023 quashed; notice issued to opposite party; time granted for counter affidavit and rejoinder.

Raj Kumar Maurya @ Raju and Another vs State of… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 26 of 2024

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Revisionist :- Raj Kumar Maurya @ Raju And Another Opposite Party :- State Of U.P. Thru. Chief Secy. Home Lko. And Another Counsel for Revisionist :- Vikas Pandey,Mahi Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Vikas Pandey, learned counsel appearing for the applicant and Sri Rishikesh Verma, 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 revisionist has assailed validity of the 02.12.2023 passed by the Chief Judicial Magistrate, Lucknow in Criminal Misc Case No.43831 of 2016 under Sections 498A, 323, 504 IPC, 3/4 Dowry Prohibition Act, Police Station Kakori.

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3. Opposite party No.2 had lodged an FIR on 06.02.2016 against four persons, including the revisionists, stating that the informant had got his daughter married to co-accused, Satrohan Maurya (brother of revisionist No.1) about 3 years ago. All the accused persons, who are victim's husband, brother of her husband, wife of brother of the husband and mother-in-law, used to harass her and they had turned her out of her matrimonial home on 05.12.2016. The revisionists had sought their discharge on the ground that revisionist No.1 is the elder brother of the victim's husband and revisionist No.2 is wife of revisionist No.1 and they live separate from the other persons, in a separate house.

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4. Copies of the Pariwar Register of the revisionist have been annexed with the revision.

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5. The matter requires consideration.

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

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7. Two weeks' time is granted to the opposite parties to file counter affidavit. One week's time thereafter shall be available to file rejoinder

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affidavit.

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8. List in the week commencing 12.02.2024. Till the next date of listing of the case, proceedings of order dated 02.12.2023 passed by the Chief Judicial Magistrate, Lucknow in Criminal Misc Case No.43831 of 2016 under Sections 498A, 323, 504 IPC, 3/4 Dowry Prohibition Act, Police Station Thakurganj shall remain stayed.

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(Subhash Vidyarthi, J.)

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Order Date :- 11.1.2024 prateek

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

Raj Kumar Maurya @ Raju and Another v. State of U.P. Thru. Chief Secy. Home Lko. and Another

Case brief

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Raj Kumar Maurya @ Raju and Another v. State of U.P. Thru. Chief Secy. Home Lko. and Another

Case brief

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