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Smt. Vishmillah And 2 Others vs State Of U.P. And Another on 5 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- APPLICATION U/S 482 No. – 9389 of 2020

Applicant :- Smt. Vishmillah And 2 Others

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

Counsel for Applicant :- Vikas Tiwari

Counsel for Opposite Party :- G.A.

Hon’ble Ram Krishna Gautam,J.

Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

The applicants, Smt. Vismillah, Munna Mazeed @ Mazid Bakhsh and Najir Ali, by means of this application, under Section 482 Cr.P.C., have invoked inherent jurisdiction of this Court, with a prayer to quash the chargesheet No.1/18, dated 28.9.2018, in Case Crime No.242/2018, under Sections 498A, 323 and 506 of I.P.C., read with Section 3/4 of Dowry Prohibition Act, Police Station-Jalaun, District- Jalaun, pending in the court of Judicial Magistrate, Jalaun.

The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. Learned counsel has pointed out towards certain documents and statements in support of his contention.

Learned A.G.A. has opposed the application by contending that all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

Considered the rival submissions made by the parties.

The submissions made by learned counsel for the applicants call for adjudication on pure questions of fact, which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. Veracity of the statements are material evidence of fact and is not to be ascertained in this proceeding u/s 482 Cr.P.C. of this Court because the same is within the jurisdiction of Trial Court and is a point of fact to be seen in the trial. In view of law propounded by Hon’ble Apex Court in State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr. LJ 3844, Hamida v. Rashid, (2008) 1 SCC 474, Monica Kumar v. State of Uttar Pradesh, (2008) 8 SCC 781, Popular Muthiah v. State, Represented by Inspector of Police, (2006) 7 SCC 296, Dhanlakshmi v. R.Prasana Kumar, (1990) Cr.L.J. 320 (DB): AIR 1990 SC 494, State of Bihar V. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1, there is no ground for interference under Section 482 Cr.P.C.

The prayer for quashing proceeding of the aforesaid criminal case is refused.

However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within thirty (30) days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of thirty (30) days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicants.

However, in case, the applicant does not appear before the Court below, within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application stands dismissed accordingly.

Order Date :- 5.3.2020

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