Allahabad High Court
Sunita And Another vs State Of U.P. And Another on 14 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:86677 Court No. - 90 Case :- APPLICATION U/S 482 No. - 15809 of 2024 Applicant :- Sunita And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicants and earned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No.1373 of 2023 (State of U.P. vs. Sunita and others) arising out of Case Crime No. 0343 of 2022, under Sections 323, 504, 506 and 308 IPC, Police Station Mehnagar, District Azamgarh and charge sheet dated 24.11.2022 and cognizance order dated 02.02.2023 pending in the Court of learned Judicial Magistrate, Court No. 24, District Azamgarh and all consequential proceedings therein in the interest of justice.
From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. 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. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.
Accordingly, prayer of the applicants is refused.
However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply through counsel for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously, in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.
For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants under the aforesaid case crime.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 14.5.2024 Monika