SURESH CHAND GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by Suresh Chand Gupta, Puneet Kumar Gupta and Shiv Poojan for quashing the judgment and order dated 10.11.2011 passed by the learned Special Judge (Ayurved Scam Matter)/Additional Sessions Judge, Lucknow in Criminal Case No.174 of 2010 (Suresh Chand Gupta and two others v. State of U.P. and another) by which the application moved for condonation of delay in filing the revision has been rejected. It has also been prayed that the judgment and order dated 1.6.2009 passed by the learned Special Chief Judicial Magistrate Customs, Lucknow in Criminal Complaint Case No.2128 of 2009 (Shiv Kumar Gupta v. Suresh Chand Gupta and others) (Annexure 11 to the writ petition) be also quashed.

(2.) Heard Shri Anil Kumar Tiwari, learned counsel for the petitioners and Shri S.K. Dixit, learned counsel for the respondents.

(3.) The brief facts of the case are that the marriage of Jyoti Gupta daughter of Suresh Chand Gupta (revisionist no.1) was solemnized with Vikas Gupta son of Shiv Kumar Gupta (respondent no.2). Suresh Chand Gupta had given considerable dowry in the marriage along with valuable ornaments, clothes and other belongings. Smt. Jyoti Gupta, daughter of Suresh Chand Gupta, returned after vidai on 10.3.2000 from her matrimonial house, and on 26.4.2000, she again went to her matrimonial house from parental house. She was discharging her marital liabilities during her stay in matrimonial house. Unfortunately, Vikas Gupta died on 18.12.2000, and after his death Jyoti Gupta was kicked from her matrimonial house by keeping her entire ornaments and other belongings. Several meetings were held through the relatives, but Shiv Kumar Gupta did not pay heed and kept the stridhan of Jyoti Gupta in his possession. A legal notice was given to him, and his family members, demanding the stridhan of Jyoti Gupta. When no reply was submitted, a criminal complaint under Section 406 IPC was filed against Shiv Kumar Gupta and family members. This criminal complaint was registered as Complaint Case No.121 of 2001. After recording the statement under Section 200 and 202 Cr.P.C. the Additional Chief Judicial Magistrate summoned Shiv Kumar Gupta, Rajesh Kumar, Smt. Lalli Devi and Vijya Bharti to face trial under Section 406 IPC vide order dated 24.10.2001 to appear before the court. Shiv Kumar Gupta appeared before the court, and prayed for discharge by moving discharge application under Section 245 (2) Cr.P.C. on 29.5.2008. The learned Magistrate vide order dated 3.2.2009 rejected the discharge application. Thereafter, Shiv Kumar Gupta - respondent no.2 filed Criminal Revision No.199 of 2009, which was allowed by the Additional Sessions Judge, Court No.6, Lucknow. Aggrieved, Criminal Revision No.1683 of 2010 (Suresh Chand Gupta v. State of U.P. and others) was filed before this Court. When the said revision came up for admission, this Court stayed the proceedings of criminal case, and the revision is still pending, and interim order is still continuing. As a counter blast, Shiv Kumar Gupta filed a complaint case against the petitioners on 23.6.2008. The statement of Shiv Kumar Gupta was recorded under Section 200 Cr.P.C., and later on, two witnesses were also examined under Section 202 Cr.P.C. On the basis of the above statement, the learned Special Chief Judicial Magistrate Customs, Lucknow summoned the petitioners to face trial under Sections 452, 323, 504, 506 and 427 IPC. The criminal revision was filed by by the petitioners on 31.10.2009, but the said counsel filed revision showing wrong discrepancies making Shiv Kumar Gupta as revisionist. However, the said revision was withdrawn to file revision showing the appropriate parties. After that, a Criminal Misc. Case No.174 of 2010 (Suresh Chand Gupta and others v. State of U.P. and another) was filed along with delay condonation application supported by an affidavit. This delay condonation application was rejected by the revisional court. Feeling aggrieved, this writ petition has been filed.