Court No. - 68
Case :- APPLICATION U/S 482 No. - 21125 of 2019 Applicant :- Smt. Manorma Devi Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashok Kumar Pandey,Yashwant Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed challenging the judgment and order dated 13.7.2018 passed by Special Judge (SC/ST Act), Allhabad in Criminal Revision No. 173 of 2016 (Manorma Vs. State of U.P. and another) dismissing the revision against the order dated 5.5.2016 passed by Judicial Magistrate, Court No. 1, Allahabad in Complaint Case No. 1216 of 2015 (Praveen Kumar Singh Vs. Smt. Manorma Devi and others), Police Station Holagarh, District Allahabad. By the order dated 5.5.2016, applicant has been summoned for the offence punishable under Section 494 IPC.
Learned counsel for the applicant contended that opposite party No. 2 (Praveen Kumar Singh) has filed this complaint maliciously with false allegation only to harass the applicant.
From the perusal of the order dated 5.5.2016, it reveals that on the basis of statement of complainant under Section 200 Cr.P.C., and his witnesses under Section 202 Cr.P.C., impugned order has been passed which is based on substance. Accordingly, I find no infirmity in the orders passed by the courts below.
In result, this application U/s 482 Cr.P.C., stands dismissed.
All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
However, considering the nature of the offence and circumstances of the case, it is directed that if applicant surrenders and applies for bail, her bail application shall be decided expeditiously preferably on the same day.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against her.
Order Date :- 30.5.2019 Jaswant