HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 28
Case :- U/S 482/378/407 No. – 5942 of 2019
Applicant :- Kayyum Khan
Opposite Party :- State Of U.P. Another
Counsel for Applicant :- Dhananjai Kumar Tripathi
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Virendra Kumar-II,J.
Heard learned counsel for petitioner and the learned A.G.A. for the State.
This petition has been instituted by the petitioner to quash the charge No. 243 of 2017 dated 18.09.2017 arising out of Case Crime No. 1123 of 2017 for the offence punishable under Sections 498A, Section323, Section504, Section506 I.P.C. and Section 3/Section4 of Dowry Prohibition Act, Police Station Kotwali Nanpara, District Bahraich and the summoning order dated 29.08.2018 passed by the court of learned Chief Judicial Magistrate, Bahraich.
As per the prosecution version, the petitioner and other accused persons harassed, tortured, assaulted, abused the victim and threatened her life for demand of dowry. They beaten her up and expelled her from her matrimonial house on 20.04.2017.
It is submitted by the learned counsel for petitioner that the Investigating Officer has submitted charge sheet against the petitioner without any sufficient ground and evidence.
Learned A.G.A. has opposed this petition by submitting that during the course of investigation the Investigating Officer has recorded statements of victim and witnesses and thereafter submitted charge sheet after conducting impartial investigation, upon which learned trial court has taken cognizance and summoned the petitioner to face the trial.
I have perused the record.
From the record it appears that the Investigating Officer has recorded statements of the victim, Sarikun Nisha, along with the witnesses, Mobin Khan, Rafeeq Khan, Khaleel and Ghafur. On the basis of evidence provided by the witnesses, the Investigating Officer has submitted charge sheet after full fledge investigation.
The factual aspects cannot be evaluated during the proceedings under Section 482 Cr.P.C.
This petition lacks merit and is liable to be dismissed.
Dismissed accordingly.
Learned counsel for petitioner further submitted that some time may be granted to the petitioner for surrender before the trial court.
Considering the above submission made on behalf of petitioner, it is provided that if petitioner appears and surrenders before the trial court within 15 days from today and applies for bail in the above mentioned case, the trial court shall decide the bail application of petitioner expeditiously, according to the exposition of law propounded by this Court and Hon’ble Supreme Court.
During the aforesaid period of 15 days, no coercive action shall be taken against the petitioner.
Order Date :- 29.8.2019 /Mustaqeem
