Court No. - 20
Case :- APPLICATION U/S 482 No. - 38404 of 2010 Applicant :- Smt. Sarla Devi And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- Govt. Advocate,Ashish Pandey,Kamal Yash Sahwal,Shravan Kumar Mishra
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants,learned Additional Government Advocate for the State, Shri O.P. Chaubey, learned counsel for the opposite party no. 2 and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 12.7.2010, arising out of Case Crime No. 305 of 2009, under Sections 467, 468, 471 of I.P.C., P.S. Kotwali Garautha, District Jhansi and further prayed to stay the proceedings in the aforesaid case.
From the perusal, it appears that on the basis of material collected by the I.O., the prima facie offence is made out, therefore, there is no illegality in filing the charge-sheet. Most of the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice.
Accordingly, prayer of the applicants is refused.
However, in view of the submissions, considering the facts and circumstances of the case, it is also provided that in case the applicants move an application for discharge through counsel within two weeks, the same shall be disposed of by the trial court by a speaking order in accordance with law within two weeks thereafter.
For a period of four weeks or till the disposal of application, which ever is earlier, no coercive action be taken against the applicants.
With the aforesaid direction, this application is disposed of.
Order Date :- 22.2.2018 Prakhar