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Mr Umakant Maurya was married to Suman Maurya since 7 December 2015. According to Suman Maurya, after their marriage Umakant Maurya started asking for more dowry and for non fulfillment of demand during the wedding,he asked for additional dowry.She also stated that Umakant Maurya and his family started torturing and maltreating her,they also assaulted her and sent her back to her matrimonial home.
Umakant was then arrested under Section 498A(husband or relative of husband of a woman subjecting her to cruelty), S. 323(punishment for voluntary causing hurt), S.504(intentional insult with intent to provoke breach of the peace), S.506(punishment for criminal intimidation) of IPC and various section under Dowry Prevention Act.
In the present case Umakant Maurya filed an application under section 482 CrPC against the decision of the lower court well as the entire criminal proceedings which is pending in the court of Judicial Magistrate,Azamgarh.
The Council of Umakant, Mr Chandra Sen and Kailash Nath submitted that from the person of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purpose of harassment they also pointed out certain documents and statements to support their argument. The learned AGA submitted that all the materials collected during the course of enquiry, is prima facie offence made out against the application and search interpret proceedings cannot be cost.
The High Court of Allahabad refused the petition and asked Umakant to surrender before the court within 30 days from the order of the Court and apply for prayer for bail which shall be considered and decided in view of settled in law during the court.He was also directed by the court that for a period of 30 days from the date of the order, the applicant must surrender and apply for bail whichever would be earlier.The Court also asked that no coercive action shall be taken against them. However in case the applicants do not appear before the court between the said period coercive action will be taken against them thereafter.
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