Court No. - 53
Case :- APPLICATION U/S 482 No. - 14081 of 2018 Applicant :- Furkan And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Usha Srivastava,Shantanu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and the learned AGA for the State.
This application has been filed for quashing the charge sheet dated 02.10.2017 and cognizance order dated 16.11.2017 passed by the Chief Judicial Magistrate, Bijnor, District Bijnor in Case No. 5162/2017, State vs. Furkan and others, arising out of Case Crime No. 169 of 2017, under Sections 498-Am 304-B IPC and 3/4 of Dowry Prohibition Act, P.S. Heemapur, Deepa, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor.
The submission of the learned counsel for the applicant is that the entire family of the husband has been arraigned in this case on general allegations where no specific role has been assigned to anyone particularly applicant nos. 2 to 5. Pending investigation also there was a stay of arrest for all the applicants except applicant no.1, the husband granted by this Court vide order dated 21.09.2017 passed in Criminal Misc. Writ Petition No. 20447 of 2017. His further submission is that in the post mortem report cause of death could not be ascertained and viscera were preserved. The viscera report from the Forensic Science Laboratory shows that no chemical poison was detected in the specimen sent. He submits that it is a case of natural death and entire family has been maliciously roped by the in- laws of the husband lodging an opportunistic FIR.
Learned AGA has opposed the motion for admission of this application. He submits that there are statements of the witnesses particularly of the family members of the deceased that prima facie indicate that there was dowry demand and cruelty in connection with dowry followed by an unnatural death.
A perusal of the contents of the charge sheet and the police papers in support indicates that there are materials worth trial and it cannot be said that there is no material in the case diary on the basis of which the impugned charge sheet may be quashed in exercise of powers under Section 482 Cr.P.C. Prayer for quashing the charge sheet is refused.
However, in case, applicant nos. 2 to 5 surrender and seek bail, the same shall be considered and disposed of expeditiously in accordance with the directions of Hon'ble Supreme Court in Hussain and others vs. Union of India, AIR 2017 SC 1362.
It is further directed that the applicants would have at the appropriate stage of proceedings the right to apply for discharge. As and when a discharge application is made, the same shall be considered and disposed of in accordance with law without being influenced by anything said in this order.
Order Date :- 24.4.2018 Imroz