Nijamuddin And 5 Others v. State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P
Case at a glance
Provisions considered
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):- "For the facts and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet dated: 08.01.2024 arising out of case crime No.-257/2023 (State Versus Mohd. Jamal & others) Under Section-498A, 323, 504, 506, I.P.C., & 3/4 D.P. Act., Police Station Kotwali Nagar, District Bahraich, same is contained as Annexure No.-1 as well as summoning order dated: 12.11.2024 passed by Chief Judicial Magistrate, District Bahraich, while taking cognizance in the matter on 12.11.2024 in criminal case No.-27319 of 2024, (State Versus Nijamuddin & others) thereby applicant No.-1 has been summoned Under Section-498A, 323, 504, 506, I.P.C. & 3/4 D.P. Act., applicant No.-2 has been summoned under section-498A, 504, 506 I.P.C. & 3/4 D.P. Act. and applicant No.-3 to 6 have been summoned under section-498A & 3/4 D.P. Act, Police Station Kotwali Nagar, District Bahraich, same is annexed as Annexure No.-2 to this petition as well as entire proceedings of criminal case No.-27319/2024 pending before Chief Judicial Magistrate, District Bahraich.
" Taking note of the allegations levelled in the FIR against the applicants, who are father-in-law, mother(s)-in-law, brother(s)-in-law (Devar and Jeth) and sister(s)-in-law (Nanand/Jethani) of the informant/opposite party No. 2 as 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 reported in (2012) 10 2 A482 No. 9034 of 2025 SCC 741, Kahkashan Kausar v. State of Bihar reported in (2022) 6 SCC 599 and Achin Gupta vs. State of Haryana and another reported in 2024 SCC OnLine SC 759, 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 as fresh along with 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. October 17, 2025 Vinay/- (Saurabh Lavania,J.)
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