UMESH KUMAR SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/20196/2025 · 2025-06-30
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64797 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64797 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:102013 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20196 of 2025 Applicant :- Umesh Kumar Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh,Mohd. Shamim Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Manoj Kumar Singh, learned counsel for the applicants and Sri Indrajeet Singh Yadav, learned AGA for the State.
2. This application under Section 528 BNSS has been filed by the applicants to quash the impugned summoning order dated 03.02.2024 issued/ initiated against the applicants arising out of Complaint Case No. 03 of 2022 under Sections - 498A, 323, 1.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Aligarh by the Court of learned Judicial Magistrate/Additional Civil Judge (Junior Division)/ Fast Track Court no. 1, Aligarh (Smt. Vinesh Sharma Versus Yatendra Kumar and others) and.
3. Learned counsel for the applicants has submitted that a complaint stood lodged by the opposite party no. 2 who happens to be the wife of the son of the applicant no. 2, marriage whereof solemnized on 30.11.2012. Learned counsel for the applicants submits that applicant no. 1 is the brother-in-law and applicant no. 2 mother-in-law, applicant no. 3, sister-in-law and applicant no. 4 is Mama (Maternal uncle). Learned counsel for the applicants further submits that totally omnibus and general allegations have been sought to be levelled and in any case, if any, criminality is there then the same would be upon the husband and not upon the
applicants. It is further submitted that barring bald allegations, there is nothing substantial either in the complaint or in the statement under Sections 200 & 202 Cr.P.C. Learned counsel for the applicants further submits that applicants are innnocent and they are covered by judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464.
4. Learned AGA submits that whatever might be on the basis of the allegations contained in the complained and statement under Sections 200 & 202 Cr.P.C., the applicants have been summoned.
Learned counsel for the applicants submits that the applicants shall be filing of a discharge application and till discharge application is decided, no coercive action shall be taken.
5. Considering the submissions made by the learned counsel for the parties including and bearing in mind the overall facts situation and the intervening circumstances, the application stands disposed of directing the applicants to prefer the discharge application by 25.07.2025 and on the said motion, the court below shall decide the same with most expedition.
6. Till the discharge application decided, no coercive action shall be taken against the applicants in pursuance of .
7. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench.
Order Date :- 1.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad