Abhay Singh Bhadauria and 2 Others v. State of U.P. and Anotehr

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38304 of 2023 Applicant :- Abhay Singh Bhadauria And 2 Others Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Vivek Mishra,Yashwant Prasad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants and learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 18.12.2018, cognizance/summoning order dated 29.04.2019 as well as entire proceedings of Case No.582 of 2019 arising out of Case Crime No.54 of 2018 (State vs. Abhay Singh Bhadauria and others), under Section 498-A & Sections 3 & 4 of The Dowry Prohibition Act, 1961, PS Pipari, District Sonbhadra, pending in the Court of Additional Civil Judge (J.D.)/F.T.C. (CAW), Sonbhadra.

¶3Learned counsel for the applicants submits that in proceeding under aforesaid sections charges have been framed and instant proceeding against the applicants is malice prosecution only to harass the applicants, all family members have been implicated in the present case.

¶4Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicants and submitted that charges have been framed and trial proceeding is going on and witnesses are being examined by the prosecution side.

¶5Considered the arguments raised by learned counsel for the applicants and perused the entire records. From the record, it is evident that discharge application of the applicants has been refused by order dated 05.05.2022 and charges have been framed and witnesses are being examined.

¶6No interference is warranted. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 16.10.2023 SKD High Court of Judicature at Allahabad