Neutral Citation No. - 2025:AHC:8391 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13003 of 2024 Petitioner :- Anshul Srivastava Respondent :- State of U.P. and Another Counsel for Petitioner :- Jayendra Kumar Mishra Counsel for Respondent :- G.A.,Raghubir Singh Hon'ble Saurabh Srivastava,J. 1. Heard Sri Jayendra Kumar Mishra, learned counsel for petitioners and Sri Raghubir Singh, learned counsel for respondent no. 2 and learned AGA for the State. 2. The instant petition has been preferred with the following prayers:- "to issue an order or direction to set aside the impugned order dated 18.07.2023 passed by learned Chief Judicial Magistrate (Annexure no. 8) as case crime no. 523 of 2021 u/s 498A, 323, 504, 506 IPC, 3/4 D.P. Act, Police Station Sikandara, District Agra, as case no. 8013 of 2022 (State vs. Anshul Srivastava and others) and order dated 26.07.2024 passed by Additional Session Judge Court no. 8, Agra in Criminal Revision no. 601 of 2023, Anshul Srivastava vs. State of U.P. and another." 3. It is the case of the petitioners that marriage of respondent no. 2 was solemnized with petitioner namely Anshul Srivastava. On dated 15.08.2021 a FIR was lodged by respondent no. 2 against the petitioner and six other co-accused which was registered as Case Crime no. 523 of 2021 under sections 498A, 323, 504, 506, 377, 307 IPC, 3/4 D.P.Act, Police Station Sikandara, District Agra alleging therein that petitioner was demanding additional dowry from respondent no. 2 and after beating her they kicked her out of their house. Rest of the story would be evident from perusal of copy of FIR appended as annexure no. 1 to the petition. 4. After investigation, the Investigating Officer submitted charge sheet against the petitioners whereupon, learned court concerned took cognizance and summoned the petitioner vide order dated 08.07.2022. Against the charge sheet and summoning order, petitioner approached this Court by way of filing Application u/s 482 no. 24583 of 2022 wherein co-ordinate Bench of this Court directed petitioner vide order dated 05.01.2023 to prefer discharge application before the court concerned. 5. In pursuance to order dated 05.01.2023, petitioner filed a discharge application before the court concerned but the same was rejected vide order dated 18.07.2023 passed by learned Chief Judicial Magistrate, Agra. Being aggrieved with order dated 18.07.2023, petitioner preferred criminal revision before the court concerned, but the same was also dismissed vide order dated 26.07.2024 passed by learned Additional Session Judge, Court no. 8, Agra which has been challenged through the instant petition. 6. Learned counsel for the petitioners challenged the impugned orders on several other grounds inter alia on the ground that the alleged incident took place from 19.11.2018 to 13.12.2019 but the FIR was lodged by respondent no. 2 on dated 15.08.2021 without any explanation of delay. In the FIR only general allegation has been raised against the petitioners. 7. Sri Raghubir Singh, learned counsel for respondent no. 2 and learned AGA for the State vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 8. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, it is apparent that in the allegation narrated in the FIR whereupon the charge sheet has been preferred after conduction of thorough investigation by concerned Investigating Officer, the gravity of the crime indicated against the husband-petitioner is of serious in nature and as such learned court below rightly passed the order impugned after considering each and every aspect and as such impugned orders dated 18.07.2023 and 26.07.2024 are hereby affirmed. Learned trial court is directed to proceed with trial in respect to petitioner herein. 9. The instant petition lacks merit and is accordingly dismissed. Order Date :- 16.1.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad