Neutral Citation No. - 2025:AHC:68150 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6700 of 2025 Applicant :- Pawan Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atharva Dixit,Pranav Tiwary,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Manish Tiwary, Senior Advocate assisted by Sri Atharva Dixit, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A for the State and perused the record. 2. The present application has been filed for quashing the charge sheet dated 03.05.2018 as well as entire proceedings of Case No. 5932 of 2018, arising out of Case Crime No.430 of 2017, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Dhoomanganj, District Prayagraj, pending in the court of Chief Judicial Magistrate, Prayagraj. 3. Contention of learned counsel for the applicant is that the applicant no.1 is employee of the High Court, Allahabad and other applicants are father, mother and sister of applicant no.1. FIR was lodged by the opposite party no.2 against the applicants on 02.05.2017 under Sections 498A, 304B IPC and 3/4 D.P. Act. Police after investigation submitted charge sheet on 03.05.2018 and cognizance was also taken by learned Magistrate on 05.05.2018. Thereafter an order for further investigation was also passed by the SSP, Prayagraj. In pursuance of the further investigation, a supplementary police report dated 07.02.2024 was also submitted before the court on 07.03.2024. 4. Counsel for the applicants has submitted that the applicants had challenged the FIR in question before this Court through Criminal Misc. Writ Petition No.19618 of 2017 which was disposed of vide order dated 08.01.2018 staying the arrest of the applicants till conclusion of investigation. It is further submitted that as the subsequent police report clearly shows that there was no demand of dowry and applicant no.1, at the time of committing suicide by the deceased, was on his duty in High Court and other applicants were in Bihar, in such circumstances, in view of judgement of Vinay Tyagi vs Irshad Ali reported in (2013) 5 SCC 762, the court below should consider both the reports before proceeding further. It is further submitted that the supplementary police report, in pursuance of further investigation, is in favour of applicants, therefore, the applicants be protected till the framing of charge as subsequent police report is yet to be considered by the court concerned in view of law laid down by the Apex Court in the case of Vinay Tyagi (supra). It is further submitted that personal appearance is always not necessary at every stage of trial and same can be exempted in case to case basis. In support of his contention, he has also relied upon the case of Sharif Ahmad and another vs State of U.P. and other reported in 2024 LiveLaw SC 337, wherein the Apex Court has observed that exemption application is maintainable even before filing the bail application. 5. Per contra, learned AGA for the State has submitted that the court below is yet to apply his mind on subsequent police report and case has not been committed to the session, therefore, framing of charge will take time and on the basis of charge sheet filed on 03.05.2018, the court has already taken cognizance. Therefore, the applicants are not entitled for any protection. 6. Considering the submissions of learned counsel for the parties and perusal of record, it is not in dispute that there are two contradictory police reports on record. First was in the form of charge sheet and subsequently police report dated 07.02.2024 has exonerated the applicants. In such circumstances, the court would apply its mind on both the police reports and then proceed further in view of law laid down by the Apex Court in the case of Vinay Tyagi (supra). The Apex Court in Sharif Ahmad and another (supra) has also observed that personal appearance may be exempted even prior to filing of bail application. 7. In view of above, present application is finally disposed of with liberty to the applicants to file discharge application through counsel and court below will pass appropriate order on discharge application after considering both the police report in accordance with law. 8. Till decision on discharge application, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 30.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad