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2025 DAILYLAW 110422 (ALL)

SARTAZ ALIAS SARTAJ SAIFI AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/42345/2024 · 2025-07-28

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125521 Court No. - 76 Case :- APPLICATION U/S 482 No. - 42345 of 2024 Applicant :- Sartaz Alias Sartaj Saifi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlakar Pal,Shiv Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. The present application has been filed by applicants for quashing the judgment and order dated 21.09.2024 passed by Additional Session Judge, Court No. 12, Moradabad in Criminal Revision No. 109 of 2024 (Smt. Rukaiya Vs. State of U.P. and Others), arising out of Case Crime No. 0059 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 (Muslim Mahila Protection of Rights on Marriage Act), Police Station Bhojpur, District Moradabad. 3. It is submitted by the learned counsel for the applicants that the applicant no. 2 is the husband and applicant no. 1 is the Jeth of opposite party no. 2. The application was filed by the informant before the Trial Court for summoning the applicant no. 1 for offence under Section 376 I.P.C. There is specific allegation in the statement recorded under Section 164 Cr.P.C. with regard to rape against the applicant no. 1. However, the charge sheet was not submitted in respect of applicant no. 1, as such the application was filed by the informant for summoning the applicant no. 1. Learned counsel for the applicants submits that there is a chances of compromise between the husband and wife. It is to be seen that in the present case the order of remand dated 21.09.2024 is under challenge. On a query being made to learned counsel for the applicants as to the error in the order of Revisional Court, which is impugned before this Court, where the Revisional Court has directed for reconsideration of the material for summoning the applicant no. 1. No material irregularity or illegality has been shown by the counsel for the applicants in the order impugned. The remand order need no interference by this Court, at this stage. Accordingly, the present application under Section 482 Cr.P.C. is dismissed. Order Date :- 29.7.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad