Allahabad High Court
Smt. Kumkum Tiwari vs State Of U.P. & Anr. on 9 May, 2018
Bench: Mahendra Dayal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- U/S 482/378/407 No. - 1432 of 2018
Applicant :- Smt. Kumkum Tiwari
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Alok Kr. Misra,Arun Sinha
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mahendra Dayal,J.
(Criminal Misc. Application No.38735 of 2018)
Heard Shri Arun Sinha, learned counsel for the petitioner and the learned AGA and perused the record.
The petitioner has applied for modification of the order dated 19.03.2018 passed by Hon'ble Mrs. Justice Rekha Dikshit in Criminal Misc. Case No.1432 of 2018 (A-482).
It has been submitted on behalf of the petitioner that feeling aggrieved by the order dated 08.02.2018, passed by Additional Session Judge, Court No.6, Gonda in pending Session Trial No.249/2015 summoning the petitioner for the offence under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, she preferred an application under Section 482 Cr.P.C. Learned counsel for the petitioner, while arguing the petition, submitted that the petitioner was ready to surrender before the court below provided some protection is given to her.
This Court, while deciding the petition, observed that the police after investigation has found a prima-facie case and submitted charge-sheet, therefore, there was no occasion to look into the question whether the charge ultimately could be substantiated or not, since, the same would be subject matter of trial. It was also observed by the court that from the perusal of the record it could not be said that cognizable offence was not made out against the petitioner. With this observation, the petition was dismissed.
It has been contended by the learned counsel that the aforesaid order was passed under misconception that the petitioner had approached for quashing of the charge-sheet while as a matter of fact the petitioner had challenged the order passed by the trial court, by which, the petitioner was summoned under Section 319 Cr.P.C. In these circumstances, the order requires modification with liberty to the petitioner to approach the court below and seek bail in accordance with law.
From the perusal of the record, I find force in the submission of the learned counsel for the petitioner. The petition under Section 482 Cr.P.C., was filed challenging the order, by which, the petitioner was summoned under Section 319 Cr.P.C., to face trial and this Court while dismissing the petition observed that there was no ground for quashing of the charge-sheet. The order dated 19.03.2018 appears to have been passed under the impression that the petitioner had sought quashment of the charge-sheet.
In the aforesaid circumstances, the application for modification is disposed of and the order dated dated 19.03.2018 is modified to the extent that the petitioner, who is lady, may surrender before the court below within three weeks from today and seek bail by moving appropriate application, upon which, the court concerned shall pass appropriate orders expeditiously considering the fact that the petitioner is a lady and sister-in-law of the deceased.
Order Date :- 9.5.2018
Rakesh/-
