MOHAMMAD ZIRGHAM ANSARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present application under Section 482, Cr. P.C. has been filed for quashing of the charge-sheet No. 129 of 2002 (Case Crime No. 127 of 2002) under Sections 498-A, 323, 504, 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act of Police Station Alinagar, District Chandauli.

(2.) The brief facts, giving rise to this application, are that applicant Mohd. Zirgham Ansari was married with Smt. Shamima Begum, the sister of Rlaz Ahmad, respondent No. 3. At the time of marriage, age of Smt. Shamima Begum was quoted ten years less than she actually then was. Her date of birth in the High School Certificate was shown to be 5th of July 1968 but in the affidavit, it was shown to be 5th of October, 1978. When the applicant and his family sent a legal notice for the same and sent the amount of Mehar through money order, the respondent No. 3 lodged a FIR on 12-8-2002 under Sections 498-A, 323, 504, 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act against the applicant and his family members. However by Criminal Misc. Writ Petition No. 5059 of 2002, arrest of the petitioner was stayed and later on the chargesheet (Annexure-5) was filed in the Court. It was further submitted that the charge sheet appears to have been prepared in the mechanical way, without making any enquiry as the real brother of respondent No. 3 is married to the sister of Javed Akhtar, Deputy Inspector General of Police, Azamgarh. The entire proceedings are in the nature of abuse of process of Court.

(3.) The respondent No. 3 filed counteraffidavit on the ground that the charge-sheet was filed and cognizance has been taken on 3-10-2002. The applicant and others have been summoned in pursuance of the said charge-sheet and a revision would have been filed against the said summoning order and no application under Section 482, Cr. P.C. is maintainable.