Court No. - 72
Case :- APPLICATION U/S 482 No. - 1049 of 2019 Applicant :- Sunita Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chhaya Gupta,Sujeet Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate.
By means of this application u/s 482 of the Code of Criminal Procedure, the applicant has questioned the charge-sheet and the consequential criminal proceedings on the ground that there being no evidence credible enough, the police was not justified in submitting the charge-sheet and the Court below was not equally justified in taking cognizance.
It is sought to be argued that the applicant having 70% burn injuries on her body and being handicapped, nobody would offer this much of amount as alleged in the first information report. It is also argued that there being no evidence of the transaction of the money as no independent witness is there, the story as detailed out in the first information report is a cock and bull story.
It is also vehemently urged by the counsel for the applicant that the entire criminal prosecution is politically motivated because the first information report has been got lodged at the instance of the Minister and the police in a hasty manner concluded the investigation and submitted the charge-sheet.
Per contra, argument advanced by the learned Additional Government Advocate is that in her statement recorded under Section 161 of the Code of Criminal Procedure, the opposite party no. 2 has not only reiterated the entire stand taken in the first information report but, even has made disclosures to the effect as to the reasons for which the money had been given and thus the transaction on the face of it cannot be said to be an absolutely fake one. Even at this stage, it is urged by learned A.G.A. that this Court is not justified in appreciating any additional evidence so as to form an opinion that the material available with the police was not sufficient and cogent enough to result into the submission of the charge- sheet.
Having heard the parties and arguments advanced across the bar and documents brought on record, I am of the considered opinion that the Court concerned has taken cognizance of the case under Section 420 and 506 of the Indian Penal Code on the basis of material in the form of case diary and after going through the statements that have come to be recorded under Section 161 of the code of Criminal Procedure and the queries made, I am not impressed by the arguments that are advanced by the counsel for the applicant that the investigation is not only politically motivated but is a faulty one.
At this stage, I find that prima facie the allegations found to be correct by the police to submit the charge-sheet even otherwise, merely because the trial has commenced and the criminal case has been registered, it does not automatically result in the conviction. Merely because the summons have been issued against the person, he cannot be said to be a convict and it is always open for the applicant to appear before the Court below in compliance of the summons.
This Court does not find it to be a fit case for interference at this stage. Application lacks merit and is accordingly, rejected.
Order Date :- 31.1.2019 P Kesari