Court No. - 54 Case :- APPLICATION U/S 482 No. - 26994 of 2009 Petitioner :- Mohd. Sajid And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- K.K. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants, learned counsel for the opposite
party no. 2 and learned AGA.
In pursuance of order dated 21.10.09, opposite party no. 2 Smt. Shaheen
Khatton and applicant no. 1 Mohd. Sajid are present in this Court.
On quarry made by the Court, Smt. Shaheen Khatton stated that she does not
want to enter into compromise with her husband.
This application has been filed by the applicants with a prayer to quash the
proceedings of case no. 996 of 2008, under sections 498-A IPC and ¾ D.P.
Act, pending in the court of Additional Civil Judge (J.D.) Court No. 5,
Kanpur Dehat.
From the perusal of the record, it appears that after considering the statements
under section 200 and 202 Cr.P.C which disclose the commission of offence,
the learned Magistrate has taken cognizance to summon the accused-
applicants for trial . There is no illegality in the summoning of the order and
there is no illegality in the prosecution of the applicants. Therefore, the prayer
to quash the proceeding of the above mentioned case is refused.
Interim order dated 21.10.2009 is hereby vacated.
However, considering the facts, it is directed that in case applicants appear
before the court concerned within 30 days from today and apply for bail, the
same shall be heard and disposed of expeditiously on the same day in view of
decision relied upon by learned counsel for the applicants in the case of Smt.
Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755
The same has been approved by the Hon’ble Apex Court in Lal Kamlendra
Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal Appeal No. 538
of 2009.
With this direction, this application is finally disposed of.
Order Date :- 27.1.2010
SR