Dismissed

Smt.Billa Devi 7 Others v. State of U.P. and Another

Allahabad HC5 Oct 2018A482/33726/2018

Case brief

AI extract

What is this about?

Single Judge refused to quash a charge sheet and cognizance order under Section 482 CrPC as facts remained disputed. The court directed bail applications to be decided expeditiously on appearance, stayed coercive actions for 40 days, and noted offenses carried no imprisonment exceeding seven years.

What did the court decide?

Prayer to quash charge sheet and cognizance order refused; bail applications to be decided expeditiously; coercive action stayed for 40 days.

Smt.Billa Devi 7 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 22

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Case :- APPLICATION U/S 482 No. - 33726 of 2018

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Applicant :- Smt.Billa Devi 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan

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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 of U.P. in opposition and perused the record.

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This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the Charge Sheet No. 347 of 2018 dated 11.07.2018, Charge Sheet No. 347A of 2018 dated 11.07.2018 as well as the cognizance order dated 23.07.2018 passed by Additional Chief Judicial Magistrate, Court No. 1, Aligarh in Criminal Case No. Nil of 2018 (State v. Om Prakash and others), under Sections 147, 148, 354 ख, 308, 323, 325, 504 and 506 of the Indian Penal Code (in short 'IPC'), arising out of Case Crime No. 352 of 2018, Police Station - Tappal, District - Aligarh.

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Learned counsel for the applicants contended that no offence is made out against the applicants. After investigation, the I.O. has submitted charge sheet against applicant nos. 1, 2, 3, 4, 5, 6 and 8 - Smt. Billa Devi, Smt. Geeta, Bhullan, Surjeet, Satveer, Manoj and Om Prakash under Sections 147, 148, 149, 504, 506 and 325 of IPC and against applicant no. 7 - Sandeep under Sections 147, 148, 149, 504, 506, 325, 354 ख, 308 and 323 of IPC. By the order of Additional Superintendent of Police, offence under Section 308 of IPC was added against all the accused. However, the Additional S.P. has no power to order for adding an offence in the charge sheet.

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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.

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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.

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In view of the above, the prayer for quashing the charge sheet

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as well as the cognizance order in the aforesaid case is refused.

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However, none of the offences against the applicants is punishable with imprisonment for more than seven years. Moreover, the applicants were not arrested by the police during investigation.

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In view of above, it is directed that in case applicant nos. 1 and 2 - Smt. Billa Devi and Smt. Geeta appear and apply for bail, their prayer for bail shall be considered and decided on the same day by the courts below. Insofar as applicant nos. 3 to 8 - Bhullan, Surjeet, Satveer, Manoj, Sandeep and Om Prakash are concerned, if they appear and apply for bail, their prayer for bail shall be considered and decided expeditiously, preferably on the same day by the courts below, 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 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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For a period of 40 days from today, no coercive action shall be taken against the applicants.

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With the aforesaid observations/directions, the instant application stands disposed of .

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Order Date :- 5.10.2018 I. Batabyal

Smt.Billa Devi 7 Others v. State of U.P. and Another

Case brief

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Smt.Billa Devi 7 Others v. State of U.P. and Another

Case brief

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