Court No. - 68
Case :- APPLICATION U/S 482 No. - 21884 of 2019 Applicant :- Smt. Annapurna Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash the impugned order of N.B.W. dated 04.07.2018 passed by IInd Additional Chief Judicial Magistrate, Varanasi as well as the entire proceedings of Complaint Case No. 419 of 2017 (Beena Seth v. Annapurna Devi and another), under Section 420 of I.P.C., Police Station - Adampura, District - Varanasi.
It is contended by learned counsel for the applicant that the applicant is a lady. From the material brought on the record, no offence is disclosed against her. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. has opposed the prayer made and submissions thereof raised by learned counsel for the applicant.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicant.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of the Code.
Accordingly, the prayer for quashing the proceedings as well as the impugned order in the aforesaid case is refused.
However, none of the aforesaid offences alleged against applicant is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt.
Sakeena and another v. State of U.P. and Another reported in 2018 (2) ACR 2190, it is directed that in case the applicant files her bail application, her prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then her prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive measure shall be adopted against her.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 31.5.2019 I. Batabyal