Court No. - 53
Case :- APPLICATION U/S 482 No. - 2146 of 2019 Applicant :- Ashish Mishra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Mohan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the impugned charge sheet dated 11.05,2018 bearing Case No. 42 of 2018 (State vs. Ashish Mishra and Others) arising out of Case Crime No. 365 of 2017, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Georgetown, District- Allahabad and cognizance order dated 14.11.2018 passed by Judicial Magistrate-6th, Allahabad.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution is launched against the applicants with mala fide intention for the purpose of harassment and as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the material on record was sufficient justifying filing of charge sheet in the aforesaid case.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
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 Code.
In view of the above, the prayer for quashing impugned charge sheet and the entire proceedings in the aforesaid case is refused.
However, it is directed that if applicants apply for bail, the same shall be disposed of as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501.
It is further directed that in case applicant nos. 3 and 4 have file discharge application through her counsel within a period of 30 days from today, the same shall be decided by a reasoned and speaking order.
For the period of 60 days from today till the applicant nos. 1 and 2 surrender and apply for bail, whichever is earlier, no coercive action shall be taken against him.
Till the disposal of discharge application, no coercive action shall be taken against applicant nos. 3 and 4.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 21.1.2019 Rohit