Court No. - 53
Case :- APPLICATION U/S 482 No. - 30390 of 2018 Applicant :- Kiran Devi Opposite Party :- State Of Up And Another Counsel for Applicant :- Mahesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mahesh Sharma, learned counsel for the applicant and Sri DPS Chauhan, learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the proceedings of Case No.7348 of 2018-State Vs. Kiran Devi (arising out of Case Crime No.1407 of 2017), under Section 308 IPC, PS Kotwali Nagar, District Bulandshahar pending in the Court of Chief Judicial Magistrate, Bulandshahar.
On perusal of the impugned charge sheet and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. This Court cannot hold a parallel trial in an application under Section 482 CrPC. No such ground appears to be available to the applicant, on the basis of which the impugned charge sheet can be quashed going by the settled law in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Accordingly, the prayer for quashing the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, her prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by the Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against her.
However, in case the applicant makes an application for discharge at the appropriate stage, the same shall be considered in accordance with law uninfluenced by anything said in this order.
With the aforesaid directions, this application is finally disposed of. Order Date :- 7.9.2018 Shahroz