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Smt. Afroz Jahan And Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 9850 of 2002 [2007] RD-AH 4189 (12 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


(Court No. 48)

Criminal Misc. Application  No. 9850   of 2002


1. Smt. Afroz Jahan.

2. Km. Guddi @ Rahemeen Fatma.

3. Smt. Asfa @ Zaheen Fatma.

4. Smt. Sabiya @ Yashmeen Fatma   ..... Accused -Applicants.


1. State of U.P.

2. Smt. Azra Begum wife of Syed Mohsin Ali,

And daughter of Syed Mohammad Janun,

Resident of Mohalla Bag Brigran,

District Bareilly. ..... Complainant -Opp.parties.


Hon'ble Barkat Ali Zaidi, J

1. None is   present for all the four applicants, Sri A.N. Rai is present for Opp. Party No. 2. This application is dismissed in default and the initial order for stay dated 24.10.2002 is vacated.

2. Before I depart, it is significant to note that besides the husband Mohsin Ali and his mother applicant no.1 Afroz Jahn , other members of the husband's  family who are his sister's  applicants No. 2,3 and 4 have also  been roped in the case.

3. In our social polity, the mother-in-law ( applicant no.1)  and the father-in-law  have a significant role to play  in the affairs of the house and in the interse relations of the family, if they guide and advise their son to exercise restraint and keep peace with his wife, things are likely to take a  different shape. Quite some times, therefore, the mother-in-law and  the father-in-law have a role to play for harassment and dowry demand. A  line of distinction has, therefore, to be drawn between other members of the family  and the mother-in-law and the father-in-law.

4. As such, the husband and the mother-in-law, (Applicant No. 1) need not be removed from the array of the accused. The inclusion  of the aforenoted other relatives, sisters  of the husband who are remaining applicants  in the array of the accused is manifestly with an intention to compel the husband to surrender and to subjugate  and terrorise him. It does not need any evidence to come to such conclusion. The  writing is there on the wall. The continuance of all these persons as accused will be gross abuse of the process of Law and the Trial Magistrate will look into this aspect at the time of framing the charge.




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