Sadab vs State of U. P. - 2023 Supreme(All) 131

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 131

SAMEER JAIN
Sadab – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Applicant : Akhilesh Kumar Mishra
For the Opposite Party : Syed Shahnawaz Shah.

JUDGMENT :

[Sameer Jain, J.]

1. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Syed Shahnawaz Shah, learned counsel for the opposite party no.2 and Sri Varun Kumar Agnihotri, learned Brief Holder for the State.

2. By way of present application, applicant made a prayer to quash the order dated 10.01.2022 passed by Civil Judge Junior Division FTC-II/Judicial Magistrate, Hapur passed in Case No. 14536 of 2021 arising out of Case Crime No. 264 of 2021, under Sections 498A, 323, 506, 376 IPC, Police Station Dhaulana, District Hapur by which, Magistrate summoned the applicant under Section 376 IPC too in spite of the fact that charge-sheet was submitted against him only under Sections 498A, 323, 506 IPC.

Factual Matrix

3.1 Applicant is brother-in-law (Devar) of opposite party no.2. On 29.06.2021 opposite party no.2 lodged FIR of the present case under Section 376, 323, 506, 498A IPC and ¾ The Muslim Women (Protection of Rights on Marriage) Act, 2019 at Police Station Dhaulana, District Hapur at Case Crime No. 0264 of 2021 against applicant and others including her husband and mother-in-law.

3.2 According to the FIR on 27.06.2021 at about 11 PM applicant entered in