Dismissed
Chand Bee and Another v. State of U.P. and Another
Allahabad HCA482/18260/2021
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Case :- APPLICATION U/S 482 No. - 18260 of…
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Case :- APPLICATION U/S 482 No. - 18260 of…
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 18260 of 2021 Applicant :- Chand Bee And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A..G.A. and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire criminal proceeding arising out of Criminal Case No.3337 of 2021 (State Vs. Nuzhat Bee alias Babli), under Sections 498-A, 304-B Indian Penal Code and 3/4 Dowry Prohibition Act (Case Crime No.0123 of 2020, under Sections 498A, 323, 304-B Indian Penal Code and 3/4 Dowry Prohibition Act), Police Station Milak, district Rampur against the applicants pending in the court of Additional District and Sessions Judge, VIth, Rampur and also quash the cognizance order dated 04.08.2021 passed by Chief Judicial Magistrate, Rampur.
The contention of the counsel for the applicant is that the applicants have been falsely implicated by the opposite party no.2 as no such occurrence had taken place and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
Per contra learned A.G.A. has submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that prima facie no offence is made out against the applicants.
At this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9 . The disputed defense of the accused cannot be considered at this stage.
After considering the rival submission, this Court considers that the matter is devoid of merit and is accordingly rejected with the direction to the trial court that if the applicant moves a bail application and the same shall be decided as per the order passed by Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation, passed in Special Leave to Appeal (Criminal) No.5191 of 2021 .
Order Date :- 22.2.2022 R./
Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.02.26 12:30:26 IST Reason: Location: High Court of Judicature at Allahabad
Chand Bee And Another
Ajit Singh
As recorded by the court registry
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