State v. Ankit Kumar Dubey and others) passed by Civil Judge
Case Details
Court No. - 73 Neutral Citation No. - 2024:AHC:169349 Case :- APPLICATION U/S 482 No. - 27416 of 2024 Applicant :- Ankit Kumar Dubey And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrendra Kumar Singh,Jayant Kumar,Kishan Dubey Counsel for Opposite Party :- G.S. Chauhan,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. The instant application has been preferred by the applicants challenging charge sheet dated 05.06.2024 in Case Crime No. 11 of 2024, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Bhadohi as well as cognizance and summoning order dated 14.06.2024 in Case No. 22383 of 2024 (State v. Ankit Kumar Dubey and others) passed by Civil Judge (Junior Division), FTC (Crime against Women), Bhadohi. 2.
Legal Reasoning
Initially on 12.09.2024, a Coordinate Bench of this Court in the present matter granted interim protection to the applicants asking the Superintendent of Police, Bhadohi to file an affidavit clarifying that in matrimonial matters why chargesheets are being submitted against relatives of husband like brothers-in-law and sisters-in-law of wife/ informant in a routine manner even in cases when there are no specific allegations against them. The order dated 12.09.2024 reads thus: “1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section - 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge sheet dated 05.06.2024 and cognizance/summoning order dated 14.06.2024, of Case No. 22383 of 2024 (State vs. Ankit Kumar Dubey and Others), arising out Case Crime No. 0011 of 2024, under Section - 498-A, 323, 504, 506 I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Mahila Thana, District - Bhadohi, pending in the court of Civil Judge J.D./F.T.C. (Women Harassment), Bhadohi. 3. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. The marriage of informant with applicant no.1 has taken place 2 on 11.05.2022. Only general allegations of dowry demand and harassment of informant have been levelled against all the accused persons. It was submitted that the entire family of applicant no.1 has been named in the first information report. Applicant no.4 to 6 are unmarried brothers-in-law (devar) of informant and applicant no.7 and 8 are married sisters-in-law (nanad) of informant. Applicant no.7 and 8 were married prior to the marriage of informant with applicant no.1 and they were residing at other place. Regarding applicant no.4 to 8, in the first information report only a vague allegation has been made that on 05.01.2024 they along with co- accused persons have assaulted the informant and turned her out from matrimonial home but in her statement recorded under Section - 161 Cr.P.C., informant has not stated about any such incident. Despite all these facts, the applicant no.4 to 8 have been charge-sheeted in an arbitrary manner. 4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the first information report and material collected during investigation, a prima facie case is made out against applicants. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicant no.4 to 6 are un-married brothers- in-law (devar) and applicant no.7 and 8 are married sisters-in-law (nanad) of informant. In her statement of victim recorded under Section - 161 Cr.P.C., no specific allegation has been levelled against them. There are various case laws of the Hon'ble Apex Court as well as of this Court that in matrimonial matters the relatives of husband, particularly sister-in-law, brother-in-law of informant/wife must not be charge-sheeted in a routine manner unless and until there is some specific allegation against them. It appears that the police are submitting charge-sheet against such relatives in a routine manner without conducting proper investigation and ignoring the well settled position of law. 7. Let an affidavit be filed by the S.P., Bhadohi, clarifying that in matrimonial matters why charge sheets are being submitted against relatives of husband like brothers-in-law and sisters-in-law of the wife/informant in a routine manner even in cases when there are no specific allegations against them. 8. On the next date fixed, the Investigating Officer of the case shall also be present in person before this Court. 9. Put up this case on 30.09.2024, as fresh. 10. Meanwhile, notice be also issued to the opposite party no.2/informant. 11. It is directed that till the next date of listing, no coercive action shall be taken against the applicants in aforesaid case. 12. A copy of this order may be provided to the learned A.G.A. for necessary compliance.” 3. The matter was taken up on 17.10.2024 and this Court passed the following order: 3 “1. Mr. G.S. Chauhan, Advocate appearing on behalf of the opposite party no.2 has filed vakalatnama in the Court today, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned AGA for the State and perused the record. 3. In compliance of the order dated 12.09.2024, a personal affidavit of Superintendent of Police, Bhadohi Dr. Meenakshi Katyayan has been filed and is taken on record. Perusal of the affidavit goes to show that nothing has been mentioned about warning or action being taken against the concerned Investigating Officer who has submitted a charge sheet against family members particularly sister-in-law and brother-in-law of the informant in a routine manner. 4. The affidavit so filed is not satisfactory. 5. Geeta Rai the concerned Investigating Officer is present before this Court. On specific queries raised by the Court, the Investigating Officer could not give a satisfactory reply as to why or on what ground she has submitted a charge sheet against the entire family members. 6. In view of the above, let the Superintendent of Police, Bhadohi be present before this Court along with the Investigating Officer Geeta Rai on the next date fixed. 7. Put up this case, as fresh, on 23rd October, 2024. 8. Interim order, granted earlier, is extended till the next date of listing. 9. The Registrar (Compliance) as well as the learned AGA shall look into the compliance of this order.” 4. In compliance of the aforesaid order, Dr. Meenakshi Katyayan, Superintendent of Police, Bhadohi is present today in the Court. An affidavit of compliance is filed on her behalf. It is taken on record. 5. Heard learned counsel for the applicants, Sri A.K. Sand, learned Government Advocate for the State, Sri G.S. Chauhan, learned counsel appearing for the informant, and perused the record. 6. Affidavit of Compliance, filed today, shows that orders for further investigation have been passed in the matter and the action is being taken against erring official. 7. Mr. A.K Sand has addressed the Court on the issue and informed that requisite training is being imparted convening the meeting of concerned District Magistrates and Senior Superintendents of Police/ 4 Superintendents of Police. Dr. Meenakshi Katyayan, Superintendent of Police, Bhadohi has also conveyed her sincere concern stating that she will take special care in training the officers under her subordination with regard to carrying out investigation in light of the directions issued by the Apex Court and this Court from time to time. This Courts commends her assistance and is hopeful for the prospective outcome of the efforts being said to be undertaken under her supervision. Dr. Meenakshi Katyayan’s endeavour is highly appreciable. 8. As the order for further investigation has already been passed, learned counsel for the applicants prays to withdraw the petition with liberty to file a fresh petition after submission of police report under Section 173(2) Cr.P.C. 9.
Decision
In view of the above, the present application stands disposed of with a direction upon the authority concerned to conclude the further investigation, as directed, and submit police report expeditiously, preferably within a period of two months from today. It goes without saying that no coercive action shall be taken against the applicants during the course of further investigation. The applicants will be at liberty to file fresh petition after submission of police report, if so required. 10. Registrar (Compliance) shall provide a copy of this order to Sri A.K. Sand, learned Government Advocate, forthwith, for its communication to the Superintendent of Police, Bhadohi. Order Date :- 23.10.2024 DS Justice Manju Rani Chauhan