Partly allowed

Smt. Veero v. State of U.P. and Another

Allahabad HC3 May 2019A482/17552/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking quashing of prosecution in a case concerning suicide under Section 306 IPC was refused as disputed facts could not be adjudicated at this stage. However, applicant was granted 30 days to surrender and apply for bail without coercive action.

What did the court decide?

Prayer for quashing refused; stay of coercive action for 30 days conditional upon appearance and bail application.

Smt. Veero Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 17552 of 2019

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Applicant :- Smt. Veero Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ratnesh Srivastava,Gajendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.

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The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 29.5.2015 as well as the cognizance taking order dated 27.8.2018 and the proceedings of Case Crime No.513 of 2014, under Section 306 I.P.C. & Section 3/4 D.P. Act, Police Station Amroha Nagar, District Amroha.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. It is further submitted that the contents of the first information report shows that the same has been lodged only on the basis of suspicion.

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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 applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the aforesaid proceedings is refused.

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However, it is provided that if the applicant appear and surrender before the court below within 30 days from today and apply for bail, her prayer for bail may be considered and decided (If possible, on the same day) in view of the settled law laid 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 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed off.

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Order Date :- 3.5.2019 Dev/-

Smt. Veero v. State of U.P. and Another

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Smt. Veero v. State of U.P. and Another

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