Allahabad High Court
Smt.Sanjoo Devi & Others vs State Of U.P. & Others on 10 August, 2010
Court No. - 45 Case :- APPLICATION U/S 482 No. - 6195 of 1999 Petitioner :- Smt.Sanjoo Devi & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- P.K.Singh Respondent Counsel :- Govt.Advocate,Sarvesh Hon'ble Rajesh Dayal Khare,J.
List revised. None appears to press the present petition on behalf of the applicant. Learned AGA is present for the State-respondent. This Court vide order dated 09.12.1994 had issued notice to the opposite party no. 2 and in the meantime, proceedings of case no. 1119 of 1998 (Prayag Narayan Bajpayee Vs. Mewa Lal and others) pending in the Court of Vth Metropolitan Magistrate, Kanpur Nagar were stayed.
Counter affidavit and rejoinder affidvits have been exchanged between the parties.
The present 482 Petition has been filed for quashing of complaint case no. 1119 of 1998 pending before the 5th Metropolitan Magistrate, Kanpur Nagar.
It is averred in the petition that the present proceedings against the applicants is nothing but a counter blast to the FIR dated 19.10.1996 lodged by the applicant no. 1 against opposite party no. 2 and family members under section 498-A and 323 IPC.
The contention on behalf of the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Certain documents and statements have been appended in support of the contention. It is last contended that the applicants no. 1 and 3 are a ladies, therefore their bail application be considered on the same day by the Court below.
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. All the submission made at the bar relates to the disputed question of fact, 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. Moreover, the applicants have got right of discharge under Section 239 or 227/228, Cr.P.C. as the case may through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the complaint case is refused. Interim order dated 09.12.1999 is hereby vacated.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail prayer of the applicants no. 1 and 3, who are ladies shall be considered by the courts below if possible on the same day and for remaining applicants, their prayer for bail shall be considered in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However in case the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of. The Registry is directed to communicate the order of this Court to the court concerned forthwith.
Order Date :- 10.8.2010 yachna