Court No. - 41
Case :- APPLICATION U/S 482 No. - 36005 of 2019 Applicant :- Manju Tyagi Opposite Party :- State Of Up And Anr Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 31321 of 2019, State Vs. Shivam Tyagi @ Kaloo and others) under Section 147, 148, 149, 452, 323, 302, 307, 34 IPC, P.S.
Sashanigate, District Ghaziabad as well as chargesheet dated 3.8.2019 arising out of case crime no. 0796 of 2019 police station Sinhani Gate District Ghaziabad along with cognizance order dated 16.8.2019, pending in the court of learned Chief Judicial Magistrate, Ghaziabad.
The contention of learned counsel for the applicant is that the applicant is a lady. She has been falsely implicated in this case. The F.I.R. of the alleged incident has been lodged against entire family members of the applicant. The role of causing injury to deceased Ravi has been assigned to co-accused Shivam with knife. The applicant had not caused any injury to the deceased. In the statement of Smt. Savitri, the mother of the deceased, it has come that the applicant committed marpit with her. As per injury report only one abrasion has been found on the person of injured Savitri. It has been further contended that nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. The applicant has been falsely implicated in this case due to being mother of co-acused Shivam. No offence is made out against the applicant. The present prosecution has been instituted only for the purpose of harassment.
On the other hand learned A.G.A. argued that the applicant is named in the F.I.R. The F.I.R. was lodged against four named persons and one unknown. In the first information report it has been mentioned that the applicant and other co-accused entered into the house of the informant and committed marpit with the deceased, Deepak and Savitri. In this incident Ravi died. There are injured and eye witnesses of the alleged occurrence. The injured persons have also disclosed the name of applicant. The applicant is involved in the alleged offence and the I.O. after concluding the investigation submitted chargesheet against the applicant. There is no ground to quash the proceeding of aforementioned case as well chargesheet and cognizance order.
A perusal of record shows that the applicant is named in the first information report. In the first information report it has been mentioned that the applicant and other co-accused entered into the house of the informant Resham Pal Bairagi and committed marpit with his son Ravi, grandson Deepak Kumar and wife Savitri. Ravi due to injuries caused by accused persons died. Deepak and Ravi are injured witnesses. In their statements recorded under section 161 Cr.P.C. they have disclosed the name of applicant. The I.O. after concluding investigation has submitted chargesheet against the applicant and other co- accused.
Considering the facts and circumstances of the case, I don't find any ground to quash the entire proceedings of the aforementioned case as well as chargesheet dated 3.8.2019 and cognizance order dated 16.8.2019, therefore, the prayer for quashing the same is hereby refused However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously in accordance with law.
With the aforesaid direction, this application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 26.9.2019 Gss