1. This petition filed under Section 482 of the Code of Criminal Procedure challenges chargesheet (i.e. the supplementary chargesheet), viz. the State v. Smt. Divraja, vide Case No.753/2014 arising out of Crime No.191 of 2012, under Sections 498A/304B I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, Police Station Jarwal Road, District Bahraich.
2. Learned counsel appearing for the petitioner contends that the petitioner is 70 years old lady and no incriminating material was found against her. The petitioner initially was not chargesheeted. However, in further investigation, the petitioner has also been chargesheeted.
3. Learned counsel has vehemently argued that a number of witnesses from the family of the complainant as well as independent witnesses have given their statements to the investigating officer that the petitioner is not at fault. There is an isolated statement of the complainant, which too is vague, that implicates the petitioner. In such circumstances, cognizance of the offence could not have been taken by the court and the proceedings as against the petitioner are vitiated.
4. I have considered contention of the learned counsel.
5. At this stage and in proceedings under Section 482 of the Code of Criminal Procedure it cannot be held that the petitioner is innocent and, therefore, chargesheet is baseless, sofar as the petitioner is concerned. It shall be for the petitioner to contest the case on the grounds taken in this petition at the stage of framing of charge. The court framing charge is required to look into the entire material collected by the investigating agency and ensure that innocent persons are not asked to stand trial.
6. The petition is accordingly dismissed, with liberty to the petitioner to take all the grounds taken in this petition at appropriate stage of proceedings.
7. This court trusts that the courts below shall take into account the law on the issue in context of the material available on record in regard to the petitioner.
8. Considering the age of the petitioner and her ailing health, it is provided that in case the petitioner applies for bail within three weeks from today, the bail application shall be disposed of within four working days itself.
9. It is further provided that for the said period of three weeks the petitioner shall not be taken into custody.
Order Date :- 17.7.2014 A.Nigam