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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 15437 of 2013 Court No. - 79 HON'BLE ALOK MATHUR, J.
1. Heard Mr. Om Narayan Dwivedi, learned counsel for the applicants, learned AGA for the State.
2. In the present case the applicants are accused in Special Criminal Case No. 144 of 2012 (Raj Kumari Vs. Baldev and others), under Sections 323, 504, 506, 395 and 397 I.P.C., Police Station Mataundh, District Banda.
3. It has been submitted by the counsel for the applicants that with regard to the allegations levelled in the first information report by opposite party no.2, who is the daughter-in-law of the applicant no.1. It was alleged that opposite party no.2 was married to Rakesh on 23.03.2008 and the husband of opposite was party no.2 became ill and subsequently died. She has further alleged that she was forced to marry younger brother of her husband and when she refused, on 26.01.2012 all the applicants are Versus Counsel for Applicant(s) : Om Narayan Dwivedi Counsel for Opposite Party(s) : Dr. G.S.D. Mishra Baldev And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
alleged to have assaulted the informant and took away all the valuable jewellery, color TV, .. and other goods. She was medically examined and even in the medical report some injuries have been found. In the aforesaid facts and circumstances the applicant has preferred the present application under Section 482 Cr.P.C. and an interim protection was granted to the petitioners by means of
order dated 07.05.2013 due to which the summoning
order was stayed and accordingly, no proceedings could be held against the applicants in the said trial.
4. This Court find that an application was preferred by opposite party no.2 under Section 156(3) Cr.P.C. for registration of F.I.R. against the applicants and it is only
order of the Court that the said first information report was lodged.
5. According to informant her husband was living separately from the applicants and he died in the year
2012. Further it is stated that on 26.01.2012 all the applicants had come to the room of the informant and looted the valuable ornaments including jewellery gold and silver, colour TV and Sewing Machine. The informant was subjected to medical examination on 28.01.2012 from which also it seems that she had received seven injuries including contusion all over the body due to blunt and hard object.
6. He next submits that all the allegations levelled against the applicants by the informant are false inasmuch as the A482 No. 15437 of 2013 2
son of the applicant no.1 and the informant were never married and all the allegations are false and misconceived. From the averments made in the petition, I do not find any such stand taken by the applicants. Apart from the above, even if the said allegations are correct they would have no bearing upon the allegations levelled by the informant against the applicants. With regard to falsity of the allegations levelled by the informant the same can be subjected only to verification during the course of trial and the truthfulness of the said allegations cannot be looked into by this Court in an application under Section 482 Cr.P.C. No other ground was urged assailing the said proceedings.
7. Accordingly, I do not find any good ground to interfere in the present applicant. The present application under Section 482 Cr.P.C. is devoid of merits and is accordingly, dismissed. September 15, 2025 AS A482 No. 15437 of 2013 3 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad