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2015 DIGILAW 2347 (ALL)

Nandani v. State of U. P.

2015-08-12

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Shri Rajesh Kumar Singh, learned counsel for the applicant, who is the complainant the case and learned A.G.A. for the State. 2. Learned counsel for the applicant submits that the applicant is the complainant of the case. She has initiated proceedings against opposite party nos. 2 to 4, who are her in-laws. He submits that earlier opposite party nos. 3 and 4 along with one Sandeep Kumar @ Sanjeev Kumar, who is the brother-in-law (Devar) of the applicant, filed Crl. Misc. 482 Cr.P.C. Application No. 15416 of 2014 before this Court challenging the proceedings of the present case in which proceedings of the present case with respect to opposite party nos. 3 and 4 and Sandeep Kumar @ Sanjeev Kumar, who is the brother-in-law (Devar) of the applicant have been stayed by this Court vide order dated 9.5.2014 copy of which has been annexed as annexure-3 to the present application. He submits that in pursuance of the said order, the trial court is not proceeding against opposite party No. 2 also, who is the husband of the applicant though no interim order was passed by this Court with respect to him. He prays that the trial court may be directed to separate the trial of the opposite party no. 2, who is the husband of applicant, who has already got himself bailed out, from the trial of aforesaid co-accused persons, proceedings with respect to whom have been stayed by this Court. 3. Learned A.G.A. states that he has no objection to it. 4. Considering the facts and circumstances of the case and the submissions made by learned counsel for the parties, learned trial court is directed to proceed against the opposite party no. 2, namely, Pradeep, who is the husband of applicant against whom the proceedings have not been stayed by this Court in Crl. Misc. 482 Cr.P.C. Application No. 15416 of 2014 as is clear from the order dated 9.5.2014 of this Court. 5. With the aforesaid observations, the application stands disposed of.