MOHD. ZAEEM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5547/2025 · 2025-07-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150354 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150354 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38923 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5547 of 2025 Applicant :- Mohd. Zaeem And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sunil Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shikhar Gupta, the learned counsel for the applicants, Smt. Shikha Sinha, learned A.G.A. for the State and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has prayed for quashing of the impugned charge sheet no.1 of 2022, dated 07.11.2022, summoning order dated 16.12.2022 along with entire proceedings of Criminal Case No.127402 of 2022 arising out of Case Crime No.158 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Saadatganj, District Lucknow pending in the Court of learned Judicial Magistrate First Class/ATS, Lucknow. 3. The aforesaid case has been instituted on the basis of an F.I.R. lodged by opposite party no.2 on 15.07.2022 against six persons, including the applicants stating that the opposite party no.2 got married to the co-accused Azim Khan (son of the applicant nos.2 and 3 and brother of applicant no.1). Soon after the marriage, all the accused persons started harassing her for demanding a bullet motorcycle. She alleged that the accused persons beaten her up and turned her out of her matrimonial
home on 13.07.2022. 4. In the statement recorded under Section 161 Cr.P.C. also the opposite party no.2 levelled general allegations against all the accused persons. The opposite party no.2 was examined medically on 15.07.2022 and the medico legal examination report mentions some contusion, bruises and abrasion besides complaint of pain. 5. After investigation the Investigating Officer has submitted a charge sheet dated 07.11.2022 against the applicants and co- accused Azim Khan (husband of the opposite party no.2). The allegations levelled against two other co-accused persons could not be established during investigation. The trial court took cognizance of the offences on 16.12.2022 and summoned the applicants to face trial. 6. The applicants had filed an application seeking their discharge by the trial court and that application has been rejected by means of an order dated 05.06.2024 holding that the informant had categorically stated involvement of the applicants in her harassment.
The applicants had challenged the rejection of their discharge by filing Criminal Revision no.506 of 2024, which has been dismissed by means of a judgment and
order dated 19.02.2025. The aforesaid order has attained finality and it has not been challenged by the applicants. Now the applicants are seeking quashing of the charge sheet, summoning
order and the entire criminal proceedings against them.
7. The informant has categorically alleged ill treatment by her husband and his family members. The applicants are father in law, mother in law and brother in law of the informant. The informant has stated that she was beaten up and turned out of
her matrimonial home on 13.07.2022 and the medico legal examination report prepared on 15.07.2022 mentions numerous injuries which were about three days old.
8. In these circumstances, there appears to be sufficient ground for trial of the applicants. The discharge application of the applicant has already been rejected. The rejection has been affirmed by the revisional court and the revisional order has not been challenged by the applicants.
9. In view of above, I find no good ground to interfere in the criminal proceedings pending against the applicants. The application lacks merit and the same is hereby dismissed. . [Subhash Vidyarthi, J.]
Order Date :- 9.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench