Court No. - 54 Case :- APPLICATION U/S 482 No. - 33705 of 2009 Petitioner :- Guddu And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- B.B.Dubey Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the
proceedings of the Complaint Case No. 247 of 2009, under Sections 4 and 6
of Dowry Prohibition Act, pending before learned Civil Judge (Junior
Division) Auraiya, as well as for quashing the summoning order dated
06.10.2009 issued in aforesaid case against the applicants.
It is contended by learned counsel for the applicants that the brother of the
deceased girl had lodged complaint against the applicants who are brother-in-
law and sister-in-law (Jeth and Jethani) of the deceased. It is further argued
that deceased sister of the opposite party no.2 was living with her husband in
State of Haryana and the applicants have no concern whatsoever, who are
living at District Kannauj. It is thus, contended that criminal prosecution of
the applicants at the behest of the opposite party no.2 is bad in law. It is
further argued that the Court at Auraiya has no jurisdiction as the cause of
action arose at Harayana.
Issue notice to opposite party no.2 returnable within a period of four weeks.
Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants two weeks’ thereafter
is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Till the next date of listing, no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 7.1.2010
S.Ali