Court No. - 70
Case :- APPLICATION U/S 482 No. - 31166 of 2010 Applicant :- Smt. Mithilesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- B.P.Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Gaurav Chauhan holding brief of Sri B. P. Mishra, learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed by the applicant (Smt. Mithliesh W/o Rajpal) to quash the proceedings of Criminal Case No. 502 of 2007 (State Vs. Rajpal and Others), under Sections 323, 307, 452, 504 and 506 I.P.C., PS Kotwali Mohammdabad, District-Farrukhabad, pending in the Court of Chief Judicial Magistrate, Farrukhabad.
It has been pointed out by learned counsel for the applicant that co-accused of this case Rajpal Singh has been acquitted by the trial court by judgement and order dated 16.01.2009, therefore, the proceeding against the applicant Smt. Mithilesh is liable to be quashed at this stage without any trial.
Per contra learned A.G.A. vehemently opposed the prayer by submitting that chargesheet has been submitted against the applicant and coercive process has been issued by the court below against the applicant but the applicant is not appearing before the trial court. There is no stay order in this case and the present case is pending since 2010.
Considering the material facts and circumstances of the case, I do not find any merit in the submission advanced on behalf of applicant.
The applicant has an alternative to move discharge application before the trial court concerned at appropriate stage if no prima facie offence is made out against her.
It is settled law that power under Section 482 Cr.P.C. should be used very sparingly and it should not be used in routine manner. The disputed question of fact and defence cannot be taken into consideration at this stage. The process of trial of an accused cannot be put an end by this Court in exercise of power under Section 482 Cr.P.C.
The application lacks merit and is accordingly dismissed. Order Date :- 30.1.2019 AKT