Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 45377 (ALL)

SHWETA SHARMA v. STATE OF U.P. AND 4 OTHERS

NA528/13366/2025 · 2025-04-28

Vikas Budhwar

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66130 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13366 of 2025 Applicant :- Shweta Sharma Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Deepak Pandey,Lavlesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Deepak Pandey learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to set aside the Summoning Order dated 13.12.2024 in Complaint No. 28160 of 2023 (Smt. Shveta Sharma Vs. Prashant Bhardwaj and others) Under Sections 498-A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station- Mahila Thana, District- Jhansi, which is pending before the Judge (J.D.) F.T.C. (C.A.W.) Jhansi. 3. Learned counsel for the applicant has submitted that the marriage of the applicant stood solemnized with the opposite party no.2 on 19.4.2022 and the opposite party nos. 3, 4 & 5 are father- in-law, mother-in-law and Nanad. He has further submitted that a complaint stood lodged under Sections 498A, 313, 323 504, 506 IPC read with Section 3/4 of the D.P. Act against the opposite parties herein, however, in the said complaint only the husband and the mother-in-law have been summoned under Sections 498A, 323, 504, 506 IPC read with Section 3/4 of the D.P. Act. 4. The grievance of the applicant is that rest of the family members being father-in-law and Nanad have not been summoned. 5. Learned counsel for the applicant submits that offences are made out against them also as per the allegations contained in the complaint and deposition under Sections 200 & 202 of the Cr.P.C. 6. Learned AGA on the other hand submits that the order which is subject matter of challenge being the summoning order dated 13.12.2024 passed in Complaint Case No.28160 of 2023, Sheweta Sharma vs. Prashant Bharatdwaj is an order which is to be challenged in accordance with law and the appropriate remedy would not be under Section 482 of the Cr.P.C./528 of the B.N.S.S. as the said order is revisable. 7. To such a submission, learned counsel for the applicant could not dispute however, he submits that it is a clear case wherein this Court should interfere in view of the fact that the order passed by the court below is without application of mind. 8. Looking into the facts and the circumstances of the case, this Court is of the opinion that there exist remedy available to the applicant under the statute itself thus the application under Section 482/528 of the B.N.S.S. of the Cr.P.C. would not be maintainable at this stage. 9. Accordingly, the application stands disposed of granting liberty to the applicant to take appropriate remedy as available under law. Order Date :- 29.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad