SAURABH SRIVASTAVA and ORS. v. STATE OF U.P. and ANR.
A482/119/2020 · 2025-12-03
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172697 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172697 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 119 of 2020 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicants-accused have filed this petition under Section 482 Code of criminal Procedure, quashing of the order dated 08.11.2019 passed by Additional Chief Judicial Magistrate, Faizabad in Case No.2005 of 2019, arising out of Case Crime No.460 of 2018, under Sections 147, 148, 149, 323, 504, 506, 307, 395, 498-A, 342 I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Kotwali Nagar, district Faizabad, who are aggrieved against the order dated 16.12.2019 passed by revisonal court, whereby the order dated 08.11.2019, dismissing their discharge application has been upheld. No one has appeared on behalf of the applicants. Learned A.G.A. is present. A perusal of the case file would reveal that the application was filed in January, 2020 and learned counsel for the complainant had appeared on advance notice, and, thereafter, the case has been adjourned on various occasions without any effective hearing. There is no interim stay order in respect of the trial proceedings, which must have progressed with the passage of time. Further a reading of the grounds pleaded in the application, this Court finds that even the applicant no.2 has lodged a case against the opposite party no.2 and others bearing Case No.458 of 2018, under Sections 147, 148, 452, 323, 354Kha, 506, 395 I.P.C. That apart the other cases filed by the opposite party no.2 seeking maintenance under Section 125 Cr.P.C., and a complaint under Section 12 Domestic Violence Act, 2005 are also stated to be pending. The above background would show that the nature of allegations made in the F.I.R. would require evidence and at this stage, it can not be said that no prima facie case against the applicants would be made out. Most importantly, the applicants have not shown any interest in pressing the prayer made in this application, therefore, this Court is not inclined to exercise the inherent powers under Section 482 Cr.P.C. Versus specific proceeding. Counsel for Applicant(s) : Shobh Nath Pandey Counsel for Opposite Party(s) : G.A., Saurabh Chandra Saurabh Srivastava And Ors. .....Applicant(s) State Of U.P. And Anr. .....Opposite Party(s)
The application is dismissed. December 3, 2025 R./ A482 No. 119 of 2020 2 (Manoj Bajaj,J.) Digitally signed by :- RAJEEV KUMAR SACHDEVA High Court of Judicature at Allahabad, Lucknow Bench