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Smt. Usha vs State Of U.P. And Another on 11 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 26727 of 2019

Applicant :- Smt. Usha

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Shad Khan

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant and 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 applicant with a prayer to quash the order dated 10.06.2019 passed by Chief Judicial Magistrate, Meerut in Case No. 4897 of 2018 (State Vs. Bhanwar Sirohi and another) pursuant to charge-sheet no. 45 of 2018 dated 28.05.2018 arising out of case crime no. 0033 of 2018, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Than, District Meerut, whereby the discharge application dated 18.2.2019 of the applicant has been dismissed in default and order dated 07.07.2019, whereby N.B.W. issued against the applicant.

It is submitted by the learned counsel for the applicant that earlier the husband Bhanwar Singh Sirohi and applicant Smt. Usha have preferred an application under Section 482 Cr.P.C.No.2138 of 2019 before this Court, which was disposed of vide order dated 21.1.2019 directing that in case applicant files discharge application through her counsel within a period of 30 days, the same shall be decided by a reasoned and speaking order. It is next submitted that pursuant to order dated 21.1.2019 of this Court, the applicant preferred her discharge application dated 18.2.2019 through her counsel but the same has been dismissed on the ground that the discharge application has not been pressed.

Assailing the observation and findings recorded by the trial court in the impugned order dated 10.06.2019, it is submitted that the discharge application of the applicant has been wrongly and illegally dismissed for want of prosecution in arbitrary manner, while the correct fact is that the counsel for the applicant was present before the court of Chief Judicial Magistrate, Meerut and pressed the discharge application. In support of his submission, it is further submitted that on the same date i.e. 10.06.2019 bail of the co-accused Bhanwar Singh Sirohi (husband) was heard and allowed by the Chief Judicial Magistrate, Meerut, which was argued by the same counsel.

After having heard the arguments of learned counsel for the parties, this application is being disposed of with the direction to the court concerned to decide the discharge application dated 18.2.2019 afresh on merit in accordance with law within a period of 30 days from the date of production of certified copy of this order.

For a period of 30 days, no coercive action shall be taken against the applicant pursuant to N.B.W. dated 07.07.2019.

Certified copy of this order be given to the learned counsel for the applicant today itself.

Order Date :- 11.7.2019

AK Pandey

 

 

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