Allahabad High Court High Court

Mohd. Abbas & Ors. vs State Of U.P. & Ors. on 6 July, 2010

Allahabad High Court
Mohd. Abbas & Ors. vs State Of U.P. & Ors. on 6 July, 2010
Court No. - 5

Case :- U/S 482/378/407 No. - 2851 of 2010

Petitioner :- Mohd. Abbas & Ors.
Respondent :- State Of U.P. & Ors.
Petitioner Counsel :- Ausaf Ahmad Khan
Respondent Counsel :- Govt. Advocate

Hon'ble Vedpal,J.

This petition under Section 482 Cr.P.C. has been filed by the petitioners for
setting aside the summoning order dated 20.4.2010 and not to proceed with
the Crl. Case No. 236 of 2010 (Crime No.2 of 2010) under Sections 498-A,
323, 504, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police
Station Bazaar Shukul, District Sultanpur.

Notice on behalf of the opposite parties nos.1 to 3 has been accepted by the
learned A.G.A.

Notice against the opposite party no.4 is dispensed with.

Heard the learned counsel for the parties and perused the record of the case.

It is submitted by learned counsel for the petitioners that it is a matrimonial
dispute and the petitioners are the father-in-law, mother-in-law, brother-in-
law and husband of the complainant.

Charge sheet was submitted by the Police after detailed investigation. The
petitioners are relatives of the husband of Smt. Shahida Bano. There appears
no ground to interfere in the matter and to quash the impugned order and the
charge sheet submitted by the Police.

Perused the record.

Learned counsel for the petitioners in the end restricted his prayer to the
extent of expeditious disposal of the bail application of the petitioners.

It is therefore, provided that in case the petitioners surrender in the above
stated case before the court below within ten days and move application for
their bail, it shall be considered and disposed of by the courts below,
expeditiously in the light of the law laid down by Full Bench of this Court in
case of Smt. Amrawati and another Vs. State of U.P. reported in 2005 CBC
page 705.

The petition is finally disposed of accordingly.

Order Date :- 6.7.2010
Tripathi