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Smt. Sudha Sinha And Others vs State Of U.P. And Another on 7 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 28

Case :- APPLICATION U/S 482 No. – 4914 of 2008

Applicant :- Smt. Sudha Sinha And Others

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

Counsel for Applicant :- Imran Ullah,Rajesh Kumar Dubey

Counsel for Opposite Party :- Govt. Advocate,A.K.Sharma,S.P.Sharma

Hon’ble Rajeev Misra,J.

Case called out in revise list. No one appears on behalf of applicants to press this application. Learned A.G.A. representing opposite party No.1 is present.

This application under Section 482 Cr.P.C. has been filed challenging the charge sheet dated 5.12.2007 submitted in Case Crime No. 789 of 2007, under Sections 498 A, 323, 307 SectionIPC and 3/4 D.P. Act, P.S. Quarsi, District Aligarh as well as the entire proceedings of Case No. 1143 of 2008 (State Vs. Vijendra R. Sinha) under Sections 498A, Section323, Section307 IPC and 3/4 D.P. Act, P.S. Quarsi, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh.

Present application came up for admission on 19.3.2008 and this Court passed an interim order dated 19.3.2008, whereby, matter was referred to Mediation and Conciliation Centre, High Court, Allahabad and further proceedings of above mentioned complaint case was stayed. Applicants complied with the conditions mentioned in interim order dated 19.3.2008. Consequently, notices were issued by Mediation and Conciliation Centre, High Court, Allahabad to opposite party No.2. However, applicants themselves absented from the proceedings pending before Mediation and Conciliation Centre, High Court, Allahabad. Consequently, no mediation could take place between parties. As a result of aforesaid, Mediation and Conciliation Centre, High Court, Allahabad has submitted a report dated 21.5.2008, stating therein that parties are not willing for mediation.

It transpires from record that opposite party No.2 lodged an F.I.R. dated 14.9.2007, which was registered as Case Crime No. 789 of 2007, under Sections 498 A, 323, 307 SectionIPC and 3/4 D.P. Act, P.S. Quarsi, District Aligarh. In the F.I.R. as many as seven persons are nominated as named accused. Police upon completion of investigation of aforesaid case crime number, submitted a charge sheet dated 5.12.2007 against four of the named accused namely, Bijendra R. Sinha, Mintu B. Sinha, Smt. Sudha Sinha and Smt. Maina Devi. Upon submission of aforesaid charge-sheet, cognizance was taken by C.J.M concerned. As a consequence of aforesaid order, Criminal Case No. 1143 of 2008 (State Vs. Vijendra R. Sinha) under Section 498A, Section323, Section307 IPC and 3/4 D.P. Act, P.S. Quarsi, District Aigarh, came to be registered. Feeling aggrieved by aforesaid charge-sheet and proceedings of above mentioned criminal case, applicants have rushed to this Court by filing present application.

It is well setteled that charge sheet can be challenged only on limited grounds namely that the Court has no jurisdiction to proceed with the matter or otherwise proceedings are not maintainable. None of the grounds are attracted in the present case

Consequently, present application is dismissed. Interim order dated 19.3.2008 stands vacated.

Order Date :- 7.1.2020

Arshad

 

 

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