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2025 DAILYLAW 88977 (ALL)

BABLU ALI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31456/2025 · 2025-08-22

Vikas Budhwar

Public Interest Litigationbody2025

Judgment text

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Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31456 of 2025 Applicant :- Bablu Ali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Contention of the learned counsel for the applicants is that the applicants happen to be husband, mother-in-law and father-in-law of the opposite party no. 2, marriage of the opposite party no. 2 stood solemnized with the applicant no. 1 on 30.06.2022. Learned counsel for the applicants submits that general and omnibus allegations have been levelled without there being any specific allegations and the applicants have not demanded any dowry and not committed any offence under Sections 323, 498A read with Section 3/4 of the DP Act. Reliance has been placed upon the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464. Prima facie, offences are made out against the applicant no. 1-husband. 2. The application stands dismissed against the applicant no. 1, he may apply for bail. 3. Insofar as the applicant nos. 2 and 3 are concerned they are being mother-in-law and father-in-law, they are entitled for relief. 4. Issue notice to the opposite party no. 2. 5. Opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks, thereafter. 6. List thereafter. 7. Till the next date, the further proceeding of impugned summoning order dated 07-01-2025 passed by learned Chief Judicial Magistrate District-Pilibhit in Complaint Case No. 5626/2024, (Nisha Vs Bablu Ali & others) against the applicant nos. 2 and 3 shall remain stayed. Order Date :- 23.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad