Court No. - 38
Case :- APPLICATION U/S 482 No. - 16394 of 2019 Applicant :- Urmila Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 23.2.2006 as well as entire proceedings of the criminal case no. 4094 of 2015 (State vs. Ram Lalit Kewat), arising out of Case Crime No. 55/2006, under Sections 494, 504 IPC, Police Station Menhdawal, District Sant Kabir Nagar pending before the learned Civil Judge(S.D.)/A.C.J.M. Sant Kabir Nagar.
Heard Sri Yogesh Kumar Tripathi, learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in this case. First Information Report was lodged under Section 498-A, 323 and 506 IPC, wherein, the applicant was not named in the F.I.R. and a false charge-sheet has been submitted under Section 494, 504 IPC against the applicant and two other persons. It has further been mentioned that offence under Sections 494, 504 IPC is non-cognizable offence. Learned counsel has further submitted that the above mentioned orders passed are against the provision of law and is illegal, hence, is liable to be quashed.
Learned AGA has vehemently opposed the prayer made by the learned counsel for the applicant submitting that in this case, cognizance was taken in 2007 since then applicant and other accused are absconding, hence, non-bailable warrant was issued against them.
In State (NCT of Delhi) vs. Shiv Kumar Yadav (2016) 1 SCC (Crl.) 510, it has been held by the Apex Court that 'the power of judicial superintendence under Article 227 or under Section 482 Cr.P.C. has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court'.
From perusal of order sheet available on record, it transpires that other co-accused persons Ram Lalit and Jai Ram had appeared before the lower court and were enlarged on bail. In view of above, it cannot be said that no offence is made out against the applicant.
However looking into the facts and circumstances of this case, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered on the same day by the court below in accordance with law and if disposal of bail application is not possible on same day, she may be granted interim bail till disposal of regular bail application.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 26.4.2019 Saurabh