Smt. Meena Devi and 4 Others Vs State of U.P. and Another

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Court No. - 15 Case :- APPLICATION U/S 482 No. - 13135 of 2017 Applicant :- Smt. Meena Devi And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deena Nath,Pravin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed with a prayer to quash charge sheet dated 20.10.2016 as well as entire proceedings in Case Crime No. 709 of 2015 under Sections 498A, 323 IPC and Section 3/4 D.P. Act, 1961, Police Station - Dhoomanganj, District - Allahabad.

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Learned counsel for the applicants contended that there is no allegation against applicants. Offence against only husband Vijay Kumar is made out. He further contended that in view of the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716, the proceedings should be dropped against the applicants.

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Learned A.G.A. contended that on the basis of evidence, charge-sheet has been submitted before the court.

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All submissions made at the bar relate to the disputed questions of facts, which cannot be adjudicated upon by this Court in exercise of extraordinary jurisdiction.

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However, remedy is available to the applicants to get themselves discharge under Section 239 Cr.P.C.

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In view of the above, the prayer for quashing the impugned charge sheet in the aforesaid case is refused.

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It is provided that in case the applicants claim discharge under Section 239 Cr.P.C, the same shall be considered and decided by the trial court expeditiously in view of the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716 .

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Accordingly, the instant Application u/s 482 Cr.P.C. is disposed of.

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Order Date :- 27.11.2018

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VG..

Smt. Meena Devi and 4 Others v. State of U.P. and Another

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Smt. Meena Devi and 4 Others v. State of U.P. and Another

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