Allahabad High Court
Smt. Meenu Alias Vandana Tyagi vs State Of U.P. And 2 Others on 16 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- APPLICATION U/S 482 No. - 4858 of 2022 Applicant :- Smt. Meenu Alias Vandana Tyagi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- M J Akhtar,Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Syed Waiz Mian,J.
Heard Shri M.J.Akhtar, learned counsel for the applicant and learned A.G.A. for the State.
The applicant namely, Smt. Meenu @ Vandan Tyagi, by means of this application under Section 482 Cr.P.C., had invoked the inherent jurisdiction of the Court with prayer to quash the order dated 21.01.2022, passed by the Additional Sessions Judge, Court No. 5/ Special Judge (Gangster Act), Muzaffarnagar and the proceeding of Session Trial No. 90 of 2008 (State vs. Meenu Tyagi) arising out of Case Crime No. 1485 of 2007, under Sections-2/3 of Gangster Act, Police Station-Kotwali Nagar, District-Muzaffarnagar, pending in the Court of Additional Sessions Judge, Court No. 5/ Special Judge, (Gangster Act), Muzaffarnagar.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case along with her husband on account of local enmity and animosity; the applicant and her husband along with other co accused persons are facing some criminal cases registered in the year 2010-11; the applicant since last 10-12 years is suffering from several diseases; she was referred to the Cardio Tioric and Neuro Science Centre OPD AIIMS, New Delhi; In the year 2012 the applicant and his husband transferred from District Jail, Muzaffarnagar to District Jail, Saharanpur on the administrative ground; hence, for ensuring end of justice, this application has been filed with above prayer.
Per contra learned A.G.A. Submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants; The submissions made by learned counsel for the applicant relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in 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. The disputed defence of the accused cannot be considered at this stage.
Be that as it may.
This Court in exercise of inherent power under Section 482 of Cr.P.C., is not expected to make analytical analysis of evidence and fact of the case, as the same is the question which is to be decided by the trial court.
Dismissed, accordingly.
Order Date :- 16.8.2022 Deepak/