Manju Devi and Another Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

Manju Devi and Another Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. dismissed; however, applicants given thirty (30) days to appear and surrender before the court below and apply for bail, with the bail application to be considered per Amrawati (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh (2009 (3) ADJ 322 (SC)); no coercive action for thirty days or till disposal of the bail application, whichever is earlier; failing appearance, coercive action to follow.

Issue for consideration

Whether the charge-sheet No. 1 of 2018 dated 8.9.2018 and the cognizance order dated 14.10.2019 in Case No. 2546 of 2019 (State Vs. Jitendra Sonkar and others), under Sections 452, 323, 504, 506 IPC, arising out of Case Crime No. 472 of 2018, pending before A.C.J.M.-VI, Varanasi, ought to be quashed in exercise of the inherent jurisdiction under Section 482 Cr.P.C.

Court's answer

In exercise of inherent power under Section 482 Cr.P.C. the Court is not expected to embark upon the factual matrix of the case, but on the material on record it cannot be said that there was no evidence for filing of the charge-sheet or taking of cognizance; hence the quashing proceeding merits dismissal.

Ratio / Principle

Operative protective direction: if the applicants appear and surrender before the court below within thirty (30) days and apply for bail, their bail application is to be considered and decided in view of the settled law in Amrawati (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh (2009 (3) ADJ 322 (SC)); for thirty days or till disposal of the bail application, whichever is earlier, no coercive action is to be taken against the applicants; failing appearance within that period, coercive action may be taken.

Detailed headnote1 paragraphs

Criminal — Quashing — Section 482 Cr.P.C. — Inherent jurisdiction — Application to quash charge-sheet No. 1 of 2018 (dated 8.9.2018) and cognizance order dated 14.10.2019 in Case No. 2546 of 2019 (State Vs. Jitendra Sonkar and others), under Sections 452, 323, 504, 506 IPC, arising out of Case Crime No. 472 of 2018, P.S. Shivpur, District Varanasi — Held: a Court exercising inherent power under Section 482 Cr.P.C. is not expected to embark upon the factual matrix, but on the record it cannot be said that there was no evidence for filing of the charge-sheet or taking of cognizance — Application dismissed — Interest of justice: liberty to surrender within thirty (30) days and apply for bail, bail to be considered per Amrawati v. State of U.P., 2004 (57) ALR 290 and Lal Kamlendra Pratap Singh v. State of U.P., 2009 (3) ADJ 322 (SC); no coercive action for thirty days or till disposal of the bail application, whichever is earlier.

Court No. - 74

Case :- APPLICATION U/S 482 No. - 2358 of 2020

Applicant :- Manju Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

The applicants namely, Manju Devi and Jitendra Sonkar, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to quash the charge-sheet No. 1 of 2018, dated 8.9.2018 and cognizance order dated 14.10.2019 as well as 2546 of 2019 (State Vs. Jitendra Sonkar and others), under Sections 452, 323, 504, 506 I.P.C., P.S. Shivpur, District Varanasi, arising out of Case Crime No. 472 of 2018, pending before the Court of A.C.J.M.- VI, Varanasi.

Heard learned counsel for the applicants and learned A.G.A. for the State.

Learned counsel for the applicant argued that there occurred some quarrel regarding administration of medicine to informant, for which this false case was got registered against applicants by her. No such occurrence ever occurred but this false case was got registered, even, she is residing with applicants. Hence, for ensuring end of justice, this application has been filed with above prayer.

Learned AGA has vehemently opposed the above prayer.

From the very perusal of First Information Report got lodged on 29.7.2018, at about 16:20 P.M., upon report of Sunara Devi for an occurrence, which occurred on 27.8.2018 at 20:00 P.M. against her grand son Jitendra and grand daughter Vidya Sonkar and daughter Manju Sonkar, with this contention that informant is with no male issue and her own daughter Manju Devi, along with her kids, did criminal trespass and threatened with demand of Rs. 10 lacs, otherwise, to give her life. Some documents were forcibly tried to be with thumb impression of her. She ran from house and remained in a temple for that very night. This contention is very well there in the statement recorded under Section 161 of Cr.P.C. on the basis of which, this charge-sheet has been filed and cognizance has been taken.

This Court in exercise of inherent power under Section 482 of

Cr.P.C., is not expected to embark upon factual matrix of the case, but it cannot be aid that there was no evidence for filing of charge-sheet or taking of cognizance. Hence, this proceeding merits its dismissal.

Dismissed , accordingly.

However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within thirty (30) days from today and apply for bail, then the bail application of the applicants be considered and decided 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 judgment 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 thirty (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 applicants.

However, in case, the applicants do not appear before the Court below, within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application stands disposed of, accordingly.

Order Date :- 27.1.2020 Kamarjahan