Court No. - 15
Case :- APPLICATION U/S 482 No. - 43064 of 2018 Applicant :- Samreen Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned counsel for the opposite parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet No. 133A/ 18 dated 21.5.2018 as well as entire criminal proceeding of criminal case No. 2409 of 2018 (State vs. Samreen) arising out of case crime no. 54 of 2018 under Sections 323, 304, 120-B of I.P.C., Police Station Aurangabad, District Bulandshahar.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant.
Learned A.G.A., contended that after proper investigation, police has submitted charge-sheet in this case on the basis of evidence collected during investigation.
From the perusal of First Information Report and material brought on record, it can't be said that no offence is made out against the applicant. Vide order dated 16.4.2018 passed by the Division Bench of this Court in criminal misc. writ petition no. 9467 of 2018 (State vs. Samreen), a prayer for quashing the FIR has already been refused.
In view of the above, the prayer for quashing the charge sheet as well as the entire proceeding of aforesaid case is refused.
The applicant is lady, during investigation she was not arrested. Vide order dated 16.4.2018 her arrest was stayed till the submission of police report under Section 172(2) Cr.P.C. All the materials relevant for disposal of bail application is available before the trial court.
Accordingly it is directed that in case applicant surrenders and applies for bail, her prayer for bail shall be considered by the courts below 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.
With the above observations this application is finally disposed of. Order Date :- 30.11.2018 C. MANI