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2015 DIGILAW 2350 (ALL)

Shashi Devi v. State of U. P.

2015-08-12

PANKAJ NAQVI

body2015
JUDGMENT Pankaj Naqvi, J. Heard learned counsel for the parties. 2. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.863/2014, under Sections 498-A/323 IPC and 3/4 D.P. Act, P.S. Mirzapur, Shahjahanpur, pending in the court of Judicial Magistrate-I, Shahjahanpur. 3. The contention of the learned counsel for applicants is that no offence against 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. 4. The applicants are the sister-in-laws of O.P. No.2. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr. P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283. 5. The prayer is refused. 6. However, it is directed that if applicant(s) appear and surrender before the court below within four weeks from today and applies for bail, their prayer for bail shall be considered and decided expeditiously 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC), Lal Kamlendra Pratap Singh Vs. State of U.P. 7. The court below shall take into consideration the 1st proviso to Section 437 Cr.P.C. while considering the bail application of the applicants. 8. For a period of six weeks from today or till the applicant(s) surrender and apply for bail whichever is earlier, no coercive action shall be taken against applicant(s). However, in case, the applicant(s) do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. 9. 8. For a period of six weeks from today or till the applicant(s) surrender and apply for bail whichever is earlier, no coercive action shall be taken against applicant(s). However, in case, the applicant(s) do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. 9. With the aforesaid directions, this application is finally disposed of.