The High Court directed the applicant to appear before the lower court within two weeks to seek bail. The bailable warrant against her was kept in abeyance during this period for expeditious disposal of the bail matter.
Bailable warrant kept in abeyance for two weeks; applicant directed to appear for bail application to be decided expeditiously.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 26943 of 2021
Applicant :- Seema Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Kumar Mishra,Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application U/s 482 Cr.P.C. has been filed to quash the order dated 10.9.2018 passed by Judicial Magistrate-II, Varanasi in Crime No. 37 of 2015 (State Vs. Seema Devi) under section 406 IPC and 3/9 Pariksha Adhiniyam Act, P.S. Sigra, District Varanasi as well as charge-sheet dated 18.3.2015 and cognizance order dated 25.8.2015.
The submission of learned counsel for the applicant is that applicant is not pressing this application for prayer of quashing the charge-sheet and cognizance order. He is confining his prayer only for expeditious disposal of bail application. He also submitted that bailable warrant has been issued against the applicant, hence some protection be granted to her.
Learned A.G.A. submitted that there is no sufficient ground to quash the charge-sheet.
The FIR discloses a cognizable offence and after investigation charge-sheet has been submitted on the basis of cognizable evidence. Learned Magistrate being satisfied with it has taken cognizance on it. It is settled principle of law that at this stage only prima facie case is to be seen. So there is no sufficient ground to quash the charge-sheet and cognizance order.
Considering the prayer of the learned counsel for the applicant and the fact that bailable warrant has been issued against the applicant, it is directed that applicant may appear before the court below within two weeks from today and seek bail. If the applicant moves any bail application then it shall be decided expeditiously in accordance with settled principle of law.
For a period of two weeks the bailable warrant shall be kept in abeyance.
Order Date :- 3.3.2022 Masarrat
Digitally signed by MASARRAT HUSAIN Date: 2022.03.03 17:05:40 IST Reason: Location: High Court of Judicature at Allahabad
Seema Devi
State Of U.P.
Syed Aftab Husain Rizvi
As recorded by the court registry
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