Court No. - 81
Case :- APPLICATION U/S 482 No. - 47465 of 2019
Applicant :- Dr. Archana @ Dr. Archana Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Satyendra Narayan Singh,Anand Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satyendra Narayan Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
The present application has been filed with a prayer to quash the impugned charge sheet dated 15.12.2018 and cognizance order dated 6.4.2019 as well as entire proceedings of Special Case No. 14 of 2019, arising out of case crime no. 184 of 2016, under Sections 420, 467, 468, 471, 193, 120-B IPC, and 7/13 P.C. Act, P.S. Sambhal, District Sambhal.
The submission made by the learned counsel for the applicant is that accused-applicant has been falsely implicated in the present case. The prosecution case is that the accused of crime no. 293 of 2015 under Section 376, 511 IPC and 11/12 POCSO Act, P.S. Bahjoi, District Sambhal i.e. namely, Mohit, was shown to have been given treatment by the accused-applicant in Community Health Centre, Sambhal between the period 9.5.2015 to 6.6.2015 which is absolutely false allegation because according to the C.MO., Kaptan Singh, who himself is informant of this case has stated that between the said time period, accused- applicant was not posted at the said C.H.C. concerned, rather she was posted at Zila Sanyukta Chikitsalaya, Sambhal, therefore she was not in a position to admit the said accused Mohit in the said C.H.C. concerned in the alleged period, therefore, charge sheet has been filed erroneously which needs to be quashed.
On the other hand, learned A.G.A. vehemently opposed the prayer of quashing and has argued that the informant himself is Dr. Kaptan Singh, C.M.O., therefore his statement on the one hand that accused-applicant was not posted on the C.H.C. concerned at the relevant time but still he proceeded to lodge an F.I.R. against the applicant is incongruous and moreover the learned counsel for the applicant has not annexed the entire statements of the witnesses which are as many as 16 in number as shown in the charge sheet and it cannot be denied at this stage that cognizable offence is made out on the basis of evidence on record gathered by the Investigating Officer.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, the applicant may approach the trial court to seek discharge at appropriate stage, if so advised, and before the said forum, he may raise all the pleas which have been taken by him here. If such an application is moved, the same shall be disposed without being influenced by the observations of this Court.
The applicant shall appear before the court below within 30 days from today and may move an application for bail. If such an application is moved within the said time limit, the same would be disposed of in accordance with law. For a period of 30 days, no coercive action shall be taken against the accused applicant in the aforesaid case. But if the accused does not appear before the court below, the court below shall take coercive steps to procure his attendance.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 20.12.2019
A.P. Pandey