PRIYA VRAT SINGH Vs. SHYAM JI SAHAI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the application filed in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C'). Appellants have filed the petition for quashing criminal proceeding against them in Complaint Case No. 896 of 1994 subsequently numbered as Criminal Case No. 931 of 1995 relating to alleged commission of offences punishable under Sections 494, 120B and 109 of the Indian Penal Code, 1860 (in short the 'IPC') and Sections 3 & 4 of the Dowry Prohibition Act, 1961 (in short the 'Dowry Act') pending in the Court of Special Chief Judicial Magistrate, Varanasi. The prayer was rejected by the High Court being of the view that the trial court can be directed to conclude the trial expeditiously and at the time of framing charges, the appellants can raise such points as has been raised in the present dispute. Liberty was also granted to appear within one month from the date of order before the trial court and to obtain bail.

(3.) Background facts in a nutshell are as under: