The Allahabad High Court has stayed any coercive action by police on a petition filed by Kanpur Dehat resident Shubham Tiwari alias Shubhendu seeking quashing of the chargesheet.
A single-judge bench of Justice Vipin Chandra Dixit passed this order while hearing an application under Section 482 CrPC filed by Shubham Tiwari @ Shubhendu And Another.
In this case, the wife of the friend of the petitioner has filed a report against the petitioner and his mother at Bhognipur police station in Kanpur Dehat.
The application under Section 482 CrPC has been filed for quashing of charge-sheet dated July 17, 2021, cognizance order dated August 26, 2021 as well as entire proceedings of Criminal Case (State vs. Suraj Katiyar and others) arising out of Case under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Bhognipur, District Kanpur Dehat.
It is submitted by the counsel for the applicants that the applicants are innocent and have been falsely implicated in the case. There is some matrimonial dispute between the respondent and her husband. The applicant is a friend of husband and applicant 2 is the mother of applicant 1 (Shubham Tiwari).
It is further submitted that from a bare perusal of FIR, no offence under Section 498-A as well as Dowry Prohibition Act is made out against the applicants and mere being friend, applicant 1 and his mother-applicant 2 have been falsely implicated in the case.
He further submitted that the Investigating Officer, without conducting proper investigation, has submitted a chargesheet in a routine manner and the applicants were summoned by the summoning order dated August 26, 2021.
“Issue notice to the respondent returnable at an early date. Steps are taken within 10 days by registered post. Till the next date of listing, no coercive action shall be taken against the applicants in the case,” the Court ordered.