Allahabad High Court
Smt. Reshma And Another vs State Of U.P. And 2 Others on 31 January, 2023
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- APPLICATION U/S 482 No. - 1373 of 2023 Applicant :- Smt. Reshma And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application, the prayer sought by the applicant is to quash the charge sheet dated 03.03.2019 submitted in case crime no.95 of 2019 under sections 332, 353, 388, 504, 506 IPC and Section 7 of CLA Act, Police Station-Massorie, District-Ghaziabad including cognizance order dated 14.11.2019 passed by learned A.C.J.M. Court No.3, Ghaziabad and further proceeding of case no.3376 of 2019 under sections 332, 353, 388, 504, 506 IPC, and Section 7 of CLA Act, police station-Massorie, district-Ghaziabad.
Learned counsel for the applicant has assailed the legality and validity of the proceeding by citing number of factual dispute which could not be appreciated in the 482 Cr.P.C. proceeding. It is further submitted that though, the applicants are bailed out, thus, there is no threat to be arrested any more.
Under the circumstances, I do not find any good ground to quash the charge sheet dated 03.03.2019 submitted in case crime no.95 of 2019 under sections 332, 353, 388, 504, 506 IPC and Section 7 of CLA Act, Police Station-Massorie, District-Ghaziabad as well as cognizance order dated 14.11.2019.
Since, the applicants are already bailed out, thus, the proper remedy available to him is to move discharge application.
In the event, if such discharge application is moved within a period of two weeks from today, same shall be heard and decided by the court concerned by a well reasoned order within next four weeks.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 31.1.2023 Sumit S