Court No. - 90
Case :- APPLICATION U/S 482 No. - 18790 of 2020 Applicant :- Smt. Charushila Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings initiated in pursuance of the impugned charge sheet No. 107/2015 dated 22.07.2015 registered as Case No. 555 of 2017 (Criminal Case No. 3700555/2017) (State Vs. Charushila, arising out of Crime No. 147/2015 under Sections 120B, 323, 457, 380, 504, 506 IPC, Police Station Sarnath, District Agra pending in the Court of Additional Chief Judicial Magistrate - VII, Varanasi.
Learned counsel for the applicant submits that she has been falsely implicated by the police under the alleged sections. It is also submitted that the applicant is a lady who has married the son of the complainant and that is why she is being harassed by the complainant in order to break her marriage. It is further submitted that the police has submitted the charge sheet under Section 120 B of IPC and legally charge sheet could not be filed by the police under Section 120 B IPC.
In that view of the matter, she is permitted to move discharge application through counsel before the trial court within 20 days from today raising all the points that have been raised in this application and all other points that might be raised by the applicant and the concerned trial court is directed to decide the same within the next two months thereafter discussing all the points raised by the applicant in her discharge application.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid observations, this application is disposed of.
Order Date :- 6.1.2021 LBY