Dismissed

Shaina v. State of U.P. and Another

Allahabad HC6 Dec 2018A482/15417/2016

Case brief

AI extract

What is this about?

The High Court refused to quash the chargesheet under Section 482 Cr.P.C. against the applicant regarding an attempt to murder charge. The Court directed the lower court to dispose of bail applications expeditiously and restrained coercive action for 60 days or until surrender.

What did the court decide?

No coercive action against the applicant for 60 days or until she surrenders; bail applications to be disposed of on the same day.

Shaina Vs State of U.P. and Another — Constitutional and Fundamental Rights | Allahabad HC (2018)

¶1

Court No. - 15

¶2

Case :- APPLICATION U/S 482 No. - 15417 of 2016

¶3

Applicant :- Shaina Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Rajesh Kumar Kanojia

¶4

Hon'ble Umesh Chandra Tripathi,J.

¶5

Heard Sri Avinash Pandey, learned counsel for the applicant, learned A.G.A., for the State and Sri Rajesh Kumar Kanojia, learned counsel appearing for the opposite party No. 2.

¶6

This application U/s 482 Cr.P.C., has been filed to quash the impugned chargesheet No. 238/2015 dated 29.9.2015 in Criminal Case No. 17 of 2016 (State Vs. Rais and others) arising out of Case Crime No. 144 of 2015 under Sections 498-A, 323, 307, 506, 325 IPC and Section 3/4 D.P. Act, Police Station Behat, District Saharanpur.

¶7

Learned counsel for the applicant contended that no specific role has been assigned to the applicant. Applicant is lady and married 'Nanad' of deceased living separately in Haryana. From perusal of the first information report and material available on record, offence under Section 307 IPC is not made out against the applicant.

¶8

Learned A.G.A., and learned counsel appearing for the opposite party No. 2 contended that there is no illegality in filing of the chargesheet.

¶9

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 applicant.

¶10

In view of the above, the prayer for quashing the chargesheet of the aforesaid case is refused.

¶11

All the materials relevant for disposal of bail application is available on record before trial court/court concerned. Arrest of the applicant was stayed till the submission of police report under Section 173 (2) Cr.P.C., vide order dated 22.9.2015 passed by Hon'ble Division Bench of this Court in Criminal Misc. Writ Petition No. 23122 of 2015. Applicant is lady. Role of attempt to murder has not been assigned to the applicant.

¶12

Accordingly, it is directed that if applicant apply for bail, the same shall be disposed of on the same day by the courts below. If for any reason, it is not possible to dispose of the regular bail application of the applicant on the same day, the prayer for interim bail of the applicant shall be decided on the same day.

¶13

For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against her.

¶14

This application stands disposed of .

¶15

Order Date :- 6.12.2018 Jaswant

Shaina v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shaina v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Vimla Devi and 2 Others Vs State of U.P. and Another

Matish Chand Vs State of U.P. and Another

Udaibhan Singh and 3 Others Vs State of U.P. and Another

Tabbasum Begum and 3 Others Vs State of U.P. and Another

Siyaram and 4 Others Vs State of U.P. and Another

Om Prakash Vs State of U.P. and Another