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Arif And 2 Others vs State Of U.P. And Another on 7 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 39870 of 2019

Applicant :- Arif And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Mohd. Aslam

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 20.09.2019 arising out of Case Crime No. 490 of 2019 as well as order dated 10.10.2019 and proceedings of Special Case No. 160 of 2019, under Sections 498A, Section323, Section504, Section506 IPC, Police Station Kotwali Mandi, District – Saharanpur pending in the court of Special Judge/POCSO Act, Saharanpur.

As per prosecution case, in brief, opposite party no.2, who is wife of elder brother of applicant no.1 (Arif), lodged FIR dated 03.07.2019 under Sectionsections 498A, Section323, Section376, Section506 IPC and 3/4 D.P. Act against her husband Asif and applicants, namely Arif (applicant no.1/brother-in-law), Smt. Mehrun Nisha (applicant no.2/sister-in-law) and Zakir (applicant no.3/brother-in-law) making serious allegations of her harassment and torture as well as her daughter Habiba by the accused persons in collusion with each other. In the FIR, it is inter-alia alleged that her husband Asif is a drunker and debauchery and has committed rape on her daughter Habiba aged about 14 years. It is also alleged that he used to give intoxicated tablet to opposite party no.2. After the said incident, daughter of opposite party no.2 was afraid and when she was taken to the doctor, she disclosed that something unusual has happened with her. Thereafter, she has also disclosed the conduct of her father. It is also alleged that applicants in collusion with Asif compelled opposite party no.2 to keep mum, but opposite party no.2 raised voice, then she was beaten by the accused persons and ousted from her matrimonial home giving threat of her life.

After advancing certain arguments at some length by the learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge-sheet dated 20.09.2019 against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.

In view of above, the relief as sought by the applicants in the instant application is refused.

Considering the aforesaid prayer made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 30 days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the Seven Judges’ decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437.

For the period of 30 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

Order Date :- 7.11.2019

AK Pandey

 

 

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