Court No. - 72
Case :- APPLICATION U/S 482 No. - 17159 of 2019 Applicant :- Mailaka Begum Alias Nafeesa Begum And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ali Hasan,Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Ali Hasan, learned counsel for the applicant and learned A.G.A for the State.
2. This application under Section 482 Cr.P.C. has been filed to quash the order dated 4.7.2015 in Sessions Trial No. 274 of 2015 (State Vs. Mailaka Begum alias Nafeesa Begum & Anr.), arising out of Crime No. 456 of 2014, framing the charges under Section 302/34, 201 I.P.C. against the applicants including the entire criminal proceeding in Sessions Trial No. 274 of 2015, under Section 302/34, 201 I.P.C, Police Station- Sigra, District- Varanansi, pending in the court of learned Sessions Judge, Varanasi.
3. Learned counsel for the applicant submits, the applicants are daughter and grand-daughter of the deceased. He would submit, though the FIR was lodged by the son of the deceased, at present, there is no material to proceed against the applicants. Elaborating further, learned counsel for the applicant submits, though the body of the deceased had been buried, it was exhumed after three months and upon post mortem, some poison was found inside the body of the deceased. Only on suspicion voiced by some persons, though there was no real or cogent reason to allege commission of offence, the charges have been framed.
4. Learned AGA, on the other hand submits, the viscera report clearly points to poisoning by Arsenic.
5. In view of such fact, no definite finding of fact may be recorded in the present proceedings, which has to be confined to the legality alone. Inasmuch as keeping in mind the entire case diary material including the viscera report, prima facie case does stand made out. Since the charges had already been framed in the year 2015 and the applicants have remained on bail for long, the trial may be concluded as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order, if there is no other legal impediment.
6. With the aforesaid observations, the present application is disposed of.
Order Date :- 30.4.2019 Prakhar