Court No. - 49
Case :- APPLICATION U/S 482 No. - 13716 of 2018 Applicant :- Smt. Sweta Pandey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Vishal Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed with a prayer to stay the proceeding of Criminal Case No. 3842 of 2014 in pursuance of charge sheet no. 37B of 2017 dated 07.11.2017 arising out of Case Crime No. 282 of 2014, under Sections 419, 420, 467, 468, 471, 409, 120B IPC and 72 of I.T.Act, Police Station Naini, District Allahabad.
Learned counsel for the applicants submits that the applicants are innocent house ladies, whose details have been misused for the purposes of opening bank accounts, wherein various amounts have been received from the LIC against forged loan. Learned counsel for the applicants further submits that no money has been withdrawn by the applicants.
However, it remains undisputed that the applicant no.1 is the wife of the main accused Puneet Kumar Pandey and applicant no.2 is his mother. While the said Puneet Kumar Pandey is alleged to have stated before the police authorities that the applicants were not involved in the commission of offence, however, at present, there is no evidence to establish that the bank account had not been opened by the applicants or that money had not been misappropriated by the applicants.
In view of the above, the instant application is dismissed.
However, the applicants, if so advised, may apply for bail. The same may be considered by the learned court below, without being prejudiced by any observation made in this order.
Order Date :- 25.4.2018 Lbm/-