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Matloob Khan & Others vs State Of U.P. & Another on 29 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 28

Case :- U/S 482/378/407 No. – 5947 of 2019

Applicant :- Matloob Khan Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Pawan Kumar Mishra,Priyanka Shahi

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Virendra Kumar-II,J.

Heard learned counsel for petitioners and the learned A.G.A. for the State.

This petition has been instituted by the petitioners to quash the charge No. 01 of 2018 dated 30.12.2018 arising out of Crime No. 61 of 2018 for the offence punishable under Sections 498A, Section323, Section504, Section506 I.P.C. and Section 3/Section4 of Dowry Prohibition Act, Police Station Mahila Thana, District Bahraich and the order dated 22.06.2019 passed by the court of learned Judicial Magistrate, Bahraich in Case No. 9867 of 2019, by which cognizance has been taken.

As per the prosecution version, the petitioners and other accused persons were harassing and torturing the victim for demand of dowry. On 03.05.2018, the accused persons assaulted the victim and abused her and poured the kerosene oil upon her. On screams of the victim the villagers came and saved her. The accused persons expelled her from her matrimonial house.

It is submitted by the learned counsel for petitioner that the Investigating Officer has submitted charge sheet against the petitioners 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.

I have perused the record.

From the record it appears that the Investigating Officer has recorded statements of the victim, Tabirul Bano, along with the witnesses, Smt. Dhammal and Saddam Husain Khan. 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 petitioners further submitted that some time may be granted to the petitioners for surrender before the trial court.

Considering the above submission made on behalf of petitioners, it is provided that if petitioners appear and surrender before the trial court within 15 days from today and apply for bail in the above mentioned case, the trial court shall decide the bail applications of petitioners 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 petitioners.

Order Date :- 29.8.2019

Mustaqeem

 

 

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