Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 1673 (ALL)

Chhoti @ Khalida v. State of U. P.

2015-07-01

RAJESH DAYAL KHARE

body2015
JUDGMENT Rajesh Dayal Khare, J. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 02.04.2013 registered as Criminal Case No. 1756 of 2013 (State Vs. Naeem and others) arising out of Case Crime No. 120 of 2012, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Bijnaur pending before learned IInd Additional Civil Judge (Junior Division)/Judicial Magistrate, Bijnaur. 3. The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Leanred counsel for the applicants further contends that the applicant no.1 is the unmarried sister-in-law and applicant no.2 is the mother-in-law of the opposite who have been falsely roped in the present case and prays that a suitable direction may be issued to the Court below to consider and decide their bail application on the same day, if possible. 4. Accordingly, the prayer for quashing the charge sheet is refused. However, it is provided that if the applicants who are ladies appear and surrender before the court below within 30 days from today and apply for bail, their prayed for bail may be considered and decided on the same day, if possible. For a period of 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 applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. With the aforesaid directions, this application is finally disposed off.