Prakash and others vs State of U.P. and another

Ashwani Kumar Singh, J.

Heard learned Counsel for the applicants and learned State Counsel.

The present application under section 482 Cr. P.C. has been moved for quashing the summoning order dated 15.10.2007 and the proceedings in complaint case No. 623 of 2007 (Smt.Gujrati v, Prakash and others) under sections 498A, 323 and 504 I.P.C. and 3/4 Dowry Prohibition Act P.S. Chakiya, District Chandauli pending before'' the Judicial Magistrate, Chakiya, District Chandauli.

This Court by the order dated 1.7.2008 dismissed the application of applicants Nos. 1, 2 and 3, namely, Prakash, Chedi and Phool Kumari. Prayer of applicants Nos. 4, 5, 6 and 7, namely, Chandra Shekhar, Ramesh, Ravinder and Joginder was considered and their arrest was stayed till the next date of listing. There is a typographical mistake in the last paragraph of order dated 1.7.2008 wherein it was mentioned as under:

"Trial of the applicants Nos. 4, 5, 6 and 7, namely, Chandra Shekhar, Ramesh, Ravinder and Joginder is not stayed, which shall be taken to its logical end."

I have carefully gone through the order of this Court dated 1.7.2008 and come to the conclusion that no relief was granted to applicants Nos. 1, 2 and 3, namely, Prakash, Chedi and Phool Kumari, but interim relief was granted to applicants Nos. 4, 5, 6 and 7, namely, Chandra Shekhar, Ramesh, Ravinder and Joginder only.

Learned Counsel for the applicants submits that applicants Chedi and Phool Kumari, whose application was dismissed and it was ordered that proceedings against them may continue, in accordance with law, have already been granted bail by the Court below.

Learned State Counsel, on the other hand, submits that that the complaint discloses complicity against all the applicants, including applicants Nos. 4, 5, 6 and 7, namely, Chandra Shekhar, Ramesh, Ravinder and Joginder, as such, no interference is called for, in the present application under section 482 Cr. P.C. I have considered the submissions made by learned Counsel for the parties and gone through the entire record of the case.

Having regard to the submissions made by learned Counsel for the parties, in the facts and circumstance of the case, I find no illegality in the summoning order dated 15.10.2007. The present application is liable to be dismissed. It is accordingly, dismissed. However, it is provided that if applicants Nos. 4, 5, 6 and 7, namely, Chandra Shekhar, Ramesh, Ravinder and Joginder appear before the Court concerned and apply for bail, the same shall be considered and appropriate orders shall be passed, expedinously, in accordance with law.