Smt. Manju Singh vs State Of U.P. And Another
2016 Latest Caselaw 5263 ALL

Citation : 2016 Latest Caselaw 5263 ALL
Judgement Date : 17 August, 2016

Allahabad High Court

Smt. Manju Singh vs State Of U.P. And Another on 17 August, 2016

Bench: Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 24306 of 2016
 

 
Applicant :- Smt. Manju Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sheetala Prasad Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicant and learned A.G.A. for the State of U.P.

The instant petition has been filed by the applicant with a prayer to quash the impugned charge sheet dated 11.2.2011 in Criminal Case No.3495 of 2012 (State Vs. Kapildeo and others), arising out of Case Crime No.52892 of 2010, under sections 419, 420, 467, 468, 504, 506 I.P.C., Police Station Kotwali, District Basti pending in the Court of Chief Judicial Magistrate, Basti.

It is submitted by learned counsel for the applicant that perusal of the F.I.R. no prima facie offence is made out against the applicant, who is the widow of Kapildeo against whom allegation is that he had taken money on the pretext of providing employment which was deposited by her husband in his own account. It is further contended that after investigation the charge sheet has been submitted against the applicant and her husband. Her husband is no more alive. The applicant is maliciously being prosecuted which is nothing but sheer abuse of the process of law, the same is liable to be quashed.

The matter requires consideration.

Let notice be issued to opposite party no.2 returnable within four weeks, who shall file counter affidavit within the said period.

Learned A.G.A. may also file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

Let the case be listed after expiry of the aforesaid period before the appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicant in Criminal Case No.3495 of 2012 (State Vs. Kapildeo and others), arising out of Case Crime No.52892 of 2010, under sections 419, 420, 467, 468, 504, 506 I.P.C., Police Station Kotwali, District Basti.

Order Date :- 17.8.2016