Dismissed

Geeta Yadav v. State of U.P. and Another

Allahabad HC17 May 2022A482/30214/2021

Case brief

AI extract

What is this about?

The single judge judge dismissed an application to quash the charge sheet and proceedings under Section 482 Cr.P.C., holding that disputed questions of fact could not be adjudicated at this stage as a cognizable offence appeared to be made out. Bail was left for trial court disposal.

What did the court decide?

Prayer to quash the charge sheet, cognizance order, and stay proceedings was refused. Bail application to be decided by the trial court.

Geeta Yadav Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 30214 of 2021

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Applicant :- Geeta Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Raghuvanshi,Neeraj Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Anjani Kumar Raghuvanshi, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.

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This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 27.06.2019 and cognizance order dated 05..08.2019 as well as entire proceedings of Case No.10813 of 2019 (State v.Geeta Yadav and another) arising out of Case Crime no. 1121 of 2018 under sections 188, 288, 420 IPC and 3 of Prevention of Public Property Damages Act, 1894, P.S. Bisrakh, District Gautam Budh Nagar pending in the Court of Addl. Chief Judicial Magistrate-III, Gautam Budh Nagar and also a prayer is made to stay the proceedings in this case till the disposal of this application.

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It is contended by the learned counsel for the applicant that the accused-applicant has been falsely implicated by the opposite party no. 2 and no such occurrence has taken place. If proceedings are allowed to continue that would amount to an abuse of process of court, therefore, charge-sheet needs to be quashed.

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Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet.

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After investigation, charge-sheet has been submitted by the Investigating Officer after having recorded statements of witnesses.The veracity of the statement of the witnesses cannot be tested in proceedings u/s 482 Cr.P.C. From the evidence on record, it cannot be said that cognizable offence is not made out against the accused-applicant.

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From the perusal of material on record and looking into the facts of this case, 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

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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.

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The prayer for quashing the proceedings of the aforesaid case is refused.

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However, if the applicant files bail application, her bail application shall be decided by the trial court considering the law laid-down by Hon'ble Apex Court in Statendra Kumar Antil vs. Central Bureau of Investigation passed in Special Leave to Appeal (Criminal No. 5191 of 2021).

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The application is, accordingly, disposed of.

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Order Date :- 17.5.2022 AU

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Digitally signed by ADEEB UDDIN Date: 2022.05.18 10:30:23 IST Reason: Location: High Court of Judicature at Allahabad

Geeta Yadav v. State of U.P. and Another

Case brief

What is this about?

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Geeta Yadav v. State of U.P. and Another

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