Court No.

- 47

Case :- APPLICATION U/S 482 No. - 28302 of 2016

Applicant :- Salim And Another

Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Krishna Gopal
Counsel for Opposite Party :- G.A.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants, the learned AGA for the State
and perused the record.

The contention of the counsel for the applicants is that applicant no.2 is
the wife of applicant no.1. The opposite party no.2 who is the brother of
the applicant no.2 had lodged the FIR that the applicant no.1 and other
family members enticed away her sister (applicant no.2). It is alleged that
applicant no.2 while leaving her house has also taken away cash and
valuable gold ornaments along with her. It is further submitted that the
victim (applicant no.2) is major according to the medical report but the
court below vide order dated 23.11.2015 had given her custody to her
mother relying upon the age according to the ration card mentioned as 14
years. The aforesaid order was challenged by the applicant no.1 by filing a
criminal revision before the Sessions Judge and the order dated 23.11.2015
passed by the Judicial Magistrate, Bareilly was set aside vide order dated
9.6.2016.

It is lastly submitted that since the applicant no.2 is the wife of the
applicant no.1, therefore, the continuance of the proceeding pursuant to the
charge sheet submitted by the investigating officer on 8.5.2016 whereupon
the cognizance taken by the court below is nothing but an abuse of process
of law.

Per contra learned A.G.A. has contended that there is no illegality or

perversity in the order passed by the court below taking cognizance
against the applicants.

Considering the aforesaid arguments advanced by the learned counsel for

the applicants, the matter requires consideration.

Let notice be issued to the opposite party no.2 returnable within a period
of three weeks who shall file counter affidavit within the same period.
Learned AGA has already accepted notice on behalf of the State-
respondent who may also file counter affidavit within the said period.
Rejoinder affidavit, if any, may be filed within a week, thereafter.

Let the case be listed after expiry of the aforesaid period before the
appropriate Bench.

Till the next date of listing no coercive action shall be taken against the
applicant no.1 in Case No.14 of 2016 pursuant to the charge sheet dated
8.5.2016 submitted in Case Crime No.262 of 2015, under Sections
363,366,376 IPC and Section 6 of P.O.C.S.O. Act, P.S. Deorania, District
Bareilly pending in the court of Additional District and Sessions Judge,
Court No.8, Bareilly.

Order Date :- 4.10.2016

Mt/