Hema Dubey and Another v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 25950 of 2023 Applicant :- Hema Dubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Counsel for Opposite Party :- G.A.,Vishesh Kumar Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 02.03.2023 and proceedings of complaint case no. 465 of 2022 (Vijay Dubey vs. Hema Dubey and another), under Section 494 I.P.C., Police Station Ahraura, District Mirzapur pending in the court of Civil Judge (Jr. Div.), FTC, Mirzapur. The complainant/opposite party no. 2 is husband of applicant no. 1 and his allegation is that his wife/applicant no. 1, without taking divorce from him, married with the applicant no. 2-Surendra Pandey @ Guddu. Vide order dated 02.03.2023, applicants have been summoned under Section 494 I.P.C., which is the subject matter of challenge in the present application. The applicant no. 1 has also filed a complaint against her husband/opposite party no. 2 on 21.09.2021 for the offence under Sections 494, 504 and 506 I.P.C. making allegation inter-alia that the opposite party no. 2, without taking divorce from her, remarried with Golu @ Geeta, in which they have also been summoned vide order dated

05.08.2022. Against the said order, opposite party no. 2 has preferred a criminal revision before District and Sessions Judge, which is still pending. Learned counsel for the applicants, after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned summoning order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. In view of the above, the relief as sought by the applicants in the instant application is refused. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 17.11.2023 Saurabh High Court of Judicature at Allahabad