SUMAN PRAJAPATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Yashpal Yadav, learned counsel for the applicant, Mr. Sanjay Kr. Srivastava, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

(2.) The present application has been filed with prayer to quash the order dtd. 30/1/2024 passed by Additional Chief Judicial Magistrate 'ACJM', Court No.16, Allahabad in Criminal Case No.04/2024 (State Vs. Tripurari), arising out of Case Crime No.436/2023, under Ss. 498-A, 323, 504, 506 I.P.C. and Sec. 3/4 D.P. Act, P.S. Dhoomanganj, District-Prayagraj (Allahabad). It is further prayed to direct the A.C.J.M. Court No.16, Allahabad to provide an opportunity of hearing to the applicant before taking further cognizance.

(3.) Brief facts of the case are; a first information report 'FIR' was lodged on 23/8/2023 at 20:55 hours by Smt. Suman Prajapati (applicant) against six persons with the allegations of being mentally and physically harassed for additional dowry demand. After investigation charge sheet was submitted on 19/11/2023 only against Tripurari Prajapati whereas final report was submitted in favour of Santlal, Smt. Lalmani Devi, Smt. Pratibha, Smt. Sandhya and Divya on 19/11/2023. The charge sheet dtd. 19/11/2023 was placed before the Court concerned on 30/1/2024 and the Court concerned took cognizance and summoned Tripurari Prajapati fixing 28/1/2024.