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Below is the order passed from HC. Want to know what are the chances of husband being thrown in the jail for a day or so from Ghaziabad lower court. Why 2 cases are referred here and do judges in Ghaziabad literate enough to read and understand it properly???
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - XX
Case :- APPLICATION U/S 482 No. - 21679 of 2013
Applicant :- MR ABC And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- DEFENCE LAWYER
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and perused the impugned order.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 2, who may also file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after eight weeks before the appropriate Court.
Learned counsel for the applicants submitted that the opposite party no. 2 has filed the impugned complaint roping in the entire family of her� daughter's husband, the applicant no. 1, although no offence against them is disclosed from the material on record.
Submissions made by learned counsel for the applicants, prima facie, appear to be correct and they have made out a case for grant of interim relief.
Till the next date of listing, further proceeding of� Criminal� Case No.1509� of 2013, State Vs. MR ABC and others, Case Crime No. 150 of 2012, under Sections� 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, district� Ghazipur pending before the A.C.J.M., Court No. 8, Ghaziabad shall remain stayed as against the applicant nos. 2 and 3. However, the case shall proceed against the applicant no. 1 (husband).
It is further provided that if� the applicant no. 1 (husband) appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided� in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 8.7.2013
Naresh
