State v. Aslam and others
Case Details
Acts & Sections
Cited in this judgment
Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. The present application has been filed by the applicants for the following main relief(s):- "to quash and set aside the charge sheet, dated 23/09/2022, impugned cognizance and summoning order dated 21/02/2023 passed by LearnedA.C.J.M, Room No:20 Sultanpur, in Criminal Case No: 8378/2024,(Old Criminal Case No:286/2023) "State. Vs. Aslam and others", and charge-sheet dated 23/09/2022, in F.I.R No. 0031/2022, under Sections 498A, 323, 504, 506 I.P.C, & 3/4, of Dowry Prohibition Act, 1961 P.S Mahila Thana, District Amethi, and the next date is 26/03/2025, and as contained in Annexure-1 and 2to this Petition." Taking note of the allegations leveled in the FIR against the applicants, who are broter-in-law (Devar), mother-in-law (Sasur) and Sisters-in-law (Nanad), respectively, of the informant/opposite party No. 2 and also the law laid down by the Hon'ble Apex Court in the case of Geeta Mehrotra and others vs. State of U.P. and others, (2012) 10 SCC 741; Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599; Achin Gupta vs. State of Haryana and another, 2024 SCC OnLine SC 759; Payal Sharma Vs. State of Punjab and another, 2024 SCC OnLine SC 3473; Safiya Bano Alias Shakira and others Vs. State of U.P. and others, 2024 SCC OnLine SC 222 and Mamidi Anil Kumar Reddy Vs. State of Andhra Pradesh and another, 2024 SCC OnLine SC 127, this Court is of the view that the matter requires consideration. Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days. List/put up this application after service alongwith report in this regard. Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicants. In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants. Order Date :- 4.3.2025/Mohit Singh/-
Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. The present application has been filed by the applicants for the following main relief(s):- "to quash and set aside the charge sheet, dated 23/09/2022, impugned cognizance and summoning order dated 21/02/2023 passed by LearnedA.C.J.M, Room No:20 Sultanpur, in Criminal Case No: 8378/2024,(Old Criminal Case No:286/2023) "State. Vs. Aslam and others", and charge-sheet dated 23/09/2022, in F.I.R No. 0031/2022, under Sections 498A, 323, 504, 506 I.P.C, & 3/4, of Dowry Prohibition Act, 1961 P.S Mahila Thana, District Amethi, and the next date is 26/03/2025, and as contained in Annexure-1 and 2to this Petition." Taking note of the allegations leveled in the FIR against the applicants, who are broter-in-law (Devar), mother-in-law (Sasur) and Sisters-in-law (Nanad), respectively, of the informant/opposite party No. 2 and also the law laid down by the Hon'ble Apex Court in the case of Geeta Mehrotra and others vs. State of U.P. and others, (2012) 10 SCC 741; Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599; Achin Gupta vs. State of Haryana and another, 2024 SCC OnLine SC 759; Payal Sharma Vs. State of Punjab and another, 2024 SCC OnLine SC 3473; Safiya Bano Alias Shakira and others Vs. State of U.P. and others, 2024 SCC OnLine SC 222 and Mamidi Anil Kumar Reddy Vs. State of Andhra Pradesh and another, 2024 SCC OnLine SC 127, this Court is of the view that the matter requires consideration. Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days. List/put up this application after service alongwith report in this regard. Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicants. In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants. Order Date :- 4.3.2025/Mohit Singh/-