Court No. - 17
Case :- APPLICATION U/S 482 No. - 5743 of 2018 Applicant :- Sandeep Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Prem Chandra Patel Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash the impugned order dated 7.1.2017 as well as charge sheet dated 7.5.2016 registered as Case No. 24 of 2017 (State Vs. Sandeep Kumar and others), arising out of Case Crime No. 336 of 2015, under Sections 498A, 342, 506 IPC and 3/4 DP Act, P.S. Phoolpur, District Varanasi, pending in the court of Additional Chief Judicial Magistrate, VIII, Varanasi.
It is contended by learned counsel for the applicant that the opposite party no. 2 has falsely implicated the accused- applicant. No demand of dowry was ever made nor any threat was issued to her (daughter of opposite party no. 2). Police has not made fair investigation in this case. The charge sheet has been filed in a routine manner. He has filed a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights also.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
As per FIR, prosecution's case is that demand of Rs. 50,000/- was being made by the accused-applicant and for non-payment of that, the opposite party no. 2 was being tortured. Police has found the case prima facie proved and has accordingly filed charge sheet. At this stage, evidence recorded by the police, during investigation cannot be disbelieved as the same requires trial in this case. No case is made out for quashing the charge sheet.
Therefore, prayer for quashing the charge sheet is 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, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2018 A.P. Pandey