ROHIT MISHRA AND ANR. v. THE STATE OF U.P AND ANR.
A482/2961/2014 · 2025-07-04
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141377 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141377 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38010 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2961 of 2014 Applicant :- Rohit Mishra And Anr. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- Govt. Advocate Hon'ble Shree Prakash Singh,J.
1. From perusal of the order dated 23.07.2014 passed by the coordinate Bench of this Court, it transpires that since the parties were willing to join the mediation proceedings and therefore, the matter was referred for Mediation and Conciliation Centre whereas, it is informed by counsel for the parties that the mediation has been failed.
2. The Complaint Case No. 2230 of 2013 is instituted wherein, the allegation is levelled against the applicants who are the husband and mother-in-law respectively, that they have committed cruelty and thereby demanded dowry. The allegations made in the complaint has squarely been supported in the statement of the complainant under section 200 of the Cr.P.C., who is the victim, against the present applicants.
3. Learned counsel for the applicants has failed to substantiate that the complaint instituted against the applicants is abuse of process of law.
4. At this stage, cousnel for the applicants submits that the purpose would be sub-served if the applicants are given liberty to move an application before the learned trial court seeking the benefit of Satender Kumar Antil versus Central Bureau of Investigation and another case.
5. Learned counsel for the complainant and the state has no objection to the submissions aforesaid.
6. In view of the above, the applicants are given liberty to move appropriate application seeking the benefit of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 case.
7. Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to
them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
8. Interim order stands vacated.
9. With the aforesaid liberty, the application is disposed of. Order Date :- 4.7.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench