Court No. - 14
Case :- APPLICATION U/S 482 No. - 18487 of 2005 Applicant :- Smt. Shanti Devi And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Pathak Counsel for Opposite Party :- Govt. Advocate,Sunil Kumar
Hon'ble Ifaqat Ali Khan,J.
Called in revise.
Sri Arun Kumar holding brief of Sri Sunil Kumar, counsel for the applicant, learned AGA Sri Vivek Rastogi are present. None is present for opposite party no.2.
This Crl. Misc. Application No. 18487 of 2005 is moved by the petitioner to quash the proceeding of Case No. 150 of 2005, State of UP Vs. Shyam and others, crime no. 18 of 2004 under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, police station Kotwali Nagar, district Bulandshahar pending in the Court of CJM, Bulandshahar.
In nutshell the prosecution case is that opposite party no. 2 Babita moved the application against Shyam (husband), Vedprakash and Narottam (brother-in-laws), Shani Devi (mother-in-law) and the husband of sister-in-law Mahaver Prasad with the allegations that they used to demand dowry from her and used to torture her for it. After investigation, charge sheet was submitted and the trial court took cognisance under Section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act.
Counsel for the petitioner submitted that the petitioners have been falsely implicated in this case. They have neither demanded dowry nor tortured Babita whereas learned AGA opposed the petition and submitted that after conducting investigation the I.O. has submitted the charge sheet and trial court after perusal of record took cognisance.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs.
P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
Considering the facts and circumstances of the case, I do not find any ground to quash the proceeding of Case No. 150 of 2005, State of UP Vs. Shyam and others, crime no. 18 of 2004 under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, police station Kotwali Nagar, district Bulandshahar pending in the Court of CJM, Bulandshahar. Therefore, the prayer for quashing the same is hereby refused. Stay order, if any, stands vacated.
However, it is directed that if the applicants appear and surrender before the court below within two months from today and apply for bail, their prayer for bail shall be considered expeditiously within one month 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 two one from today or till the disposal of the bail application whichever is earlier, no coercive action shall be taken against the applicant. 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 :- 26.4.2019 SKS