Neutral Citation No. - 2025:AHC:61629 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13220 of 2025 (Leading case) Applicant :- Anuj Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Opposite Party :- G.A. Connected With Case :- APPLICATION U/S 482 No. - 33072 of 2019 (Connected case) Applicant :- Anuj Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.,Satendra Singh Hon'ble Vikas Budhwar,J. 1. The facts in leading application is that applicant no.1 happens to be the husband of opposite party no.2 and the applicant no.2 is the father-in-law and applicant no.3 is mother-in-law of opposite party no.2. A complaint stood lodged by the opposite party no.2 against the applicants on 07.05.2018 under sections 323, 506, 498A of IPC read with Section 3/4 D.P. Act. Thereafter summons were issued and the applicants herein preferred the connected application U/s 482 Cr.P.C. No. 33072 of 2019 in which on 11.09.2019 the following order was passed: "Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 23.5.2019 as well as the entire proceedings of Complaint case no. 1258 of 2019; Seema Sharma Vs. Anuj Sharma and others, U/s 498A, 323, 506 IPC and 3/4 D. P. Act, P.S. Kotewali Mainpuri, District Mainpuri, pending in the concerned court below. So far as applicant no. 1 is concerned, the following order is being passed: After hearing learned counsel for the applicant no. 1 and learned AGA, this application is finally disposed of with a direction that if the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the applicant no. 1 surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant no. 1. However, in case, the applicant no. 1 does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him. So far as applicant nos. 2 and 3 are concerned, the following order is being passed: Heard learned counsel for the applicants. Learned A.G.A. has accepted notice on behalf of opposite party no. 1. Issue notice to opposite party no. 2 returnable at an early date. Steps be taken within a week. Counter affidavit to be filed within four weeks by the learned A.G.A. as well as opposite party no. 2 and rejoinder affidavit to be filed within three weeks thereafter. List thereafter. After hearing learned counsel for the applicants and also in view of the averments made in the affidavit accompanying the application, prima facie, a case for grant of an interim relief is made out. Till the next date of listing, further proceedings against applicant nos. 2 and 3 only in the aforesaid case shall remain stayed. " 2. Thereafter the applicants to have preferred a discharge application which came to be allowed by the court below on 16.03.2024 against a revision came to be preferred by the opposite party no.2 before the court of Additional District and Sessions Judge court no.3, Mainpuri which came to be allowed on 31.01.2025 remeting the matter back to the court below to pass a fresh order strictly in accordance with law. Learned counsel for the applicants has though made several submissions while attacking the orders which are the subject matter of challenge in the leading application but he ultimately confines his relief for a direction to the trial court to decide the proceedings afresh which has been sought to be remitted back by the revisional court on 31.01.2025. 3. Learned AGA has no objection to the same. 4. Considering the submission so made across the bar, both the applications stands disposed of requiring the court below to decide the proceedings which has been sought to be remitted back by virtue of the order dated 31.01.2025 passed by Additional District and Sessions Judge, court no.3 Mainpuri, in criminal revision no. 49 of 2024 with most expedition without granting unnecessary adjournments. Order Date :- 23.4.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad