SANJAY URF RINKU AND 7 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10647/2025 · 2025-04-02
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35597 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:46597
Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10647 of 2025 Applicant :- Sanjay Urf Rinku And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rahul Kumar Sharma, learned counsel for the applicants and Sri Indrajeet Singh Yadav, learned A.G.A. for the State
2. Contention of the learned counsel for the applicants is that applicant no.1 is husband of O.P. No.2, applicant no.2- father-in- law, applicant no.3-mother-in-law, applicant no.4-Jeth, applicant no.5- Jethani and applicant nos. 6, 7 and 8 are the married nanad.
Learned counsel for the applicant submits that proceedings stood initiated under Section 12 of the Domestic Violence Act, 2005 against the applicants and report of D.P.O. was also sought on 20.02.2023 and notice was issued, applicant has not committed any offence and he has been falsely implicated in the present case.
3. Learned A.G.A. on the other hand submits that from the perusal of the order-sheet, it reveals that notice was issued on 20.02.2023 and a report was also sought from D.P.O., however, there happens to be an order dated 13.12.2014, whereby the right of the applicants to submit their written statement has been foreclosed. He submits that the application may not be maintainable at this stage, when only notices have been issued in view of the law laid down by this Court in the case of Smt. Suman Mishra vs. State of U.P., Application u/s 482 No.6975 of 2023, decided on 31.05.2024.
4. Having heard the arguments so sought to be advanced, this Court does not find the present case to be an appropriate case to exercise inherent jurisdiction, particularly when only notices have been issued, coupled with the fact that already an order dated 13.12.2024 has been passed for foreclosing the right of the applicants to file written statement. The said order dated
13.12.2024 is also not subject matter of challenge, though in the guise of the same, entire proceedings have been challenged. Apparently, this Court does not find the present case to be a fit case for interference in view of the judgment of Smt. Suman Mishra (supra), however, liberty is accorded to take appropriate proceeding as per the statute itself.
5. Accordingly, the application is stands disposed of.
Order Date :- 3.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad