Partly allowed

Pushpa Devi and 4 Ors. v. State of U.P. and Another

Allahabad HC4 Jun 2018A482/20125/2018

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing the charge sheet and cognizance order was dismissed as disputed facts could not be adjudicated. The court directed reference for mediation and provided timelines for discharge applications.

What did the court decide?

Prayer for quashing chargesheet and cognizance order refused. Directions issued for mediation reference and consideration of discharge applications.

Pushpa Devi and 4 Ors. Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 54

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Case :- APPLICATION U/S 482 No. - 20125 of 2018

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Applicant :- Pushpa Devi And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Kumar Mishra 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 and learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C., has been filed for quashing the charge sheet dated 15.4.2018 in criminal case no. 2922 of 2018 arising out of case crime no. 1149 of 2017 under Sections 323, 506, 498-A IPC and Section 3/4 D.P. Act, Police Station Baradari, District Bareilly as well as cognizance order dated 11.5.2018 passed by Additional Chief Judicial Magistrate-I, Bareilly.

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It is submitted by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment with false and fabricated allegations.

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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 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.

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The prayer for quashing the chargesheet as well as cognizance order passed in the aforesaid case is refused.

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As per direction of Hon'ble Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another reported in 2017 0 AIR (SC) 3869 , learned Magistrate is directed to refer the case to mediation centre at District Court, Bareilly within 15 days from the date of receipt of certified copy of this order.

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The mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.

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It is provided that if bail application is filed by the applicants, the same shall be decided according to direction contained in Rajesh Sharma's case (supra).

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It is further provided that in case, the applicant Nos. 2, 3, 4, 5 claim discharge in person and applicant No. 1 claims discharge through counsel under Section 239 Cr.P.C., within 30 days from today, the same shall be considered and disposed of expeditiously within 30 days from the date of presentation of discharge application before the court concerned, considering 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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Till the submission of report by the mediation centre, no coercive action shall be taken against the applicant no. 2, 3, 4 and 5 and till disposal of discharge application of applicant no. 1, no coercive action shall be taken against her.

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With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed of.

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Order Date :- 4.6.2018 Jaswant

Pushpa Devi and 4 Ors. v. State of U.P. and Another

Case brief

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Pushpa Devi and 4 Ors. v. State of U.P. and Another

Case brief

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