Court No. - 74
Case :- APPLICATION U/S 482 No. - 47068 of 2019
Applicant :- Smt. Vimla
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhitab Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet as well as the entire proceedings in Case No. 12837 of 2019, arising out of Case Crime No. 414 of 2019, under Sections 498- A, 304-B IPC and Section 3/4 D.P. Act, Police Station Civil Lines, District Meerut pending before the Chief Judicial Magistrate, Meerut.
It is submitted by the learned counsel of the applicant that applicant is mother-in-law of the deceased. She was released on anticipatory bail in the matter. Death of the deceased is due to ante-mortem hanging. Applicant has no concern with the present matter. Learned counsel for the applicant pointed out certain documents and statements in support of his contention.
Learned AGA has opposed the prayer.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
As is evident, all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. Hence, prayer made in the application is refused.
With the aforesaid observations, the application stands disposed of. Order Date :- 19.12.2019 Sanjeet