Kailashi Devi Alias Kailasho Devi vs State Of Up And Another
2019 Latest Caselaw 6398 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- APPLICATION U/S 482 No. - 28470 of 2019
 

 
Applicant :- Kailashi Devi Alias Kailasho Devi
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Hira Lal Singh(Kushwaha)
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 482 Cr. P.C. has been filed for quashing the entire proceeding of Complaint Case No. 2239 of 2018 (Tarun Chaudhari Vs. Kailashi Devi and others), under sections 384, 323, 504, 506, 427 I.P.C., Police Station Surajpur, District Gautam Budh Nagar, pending before learned Additional Chief Judicial Magistrate-II, Gautam Budh Nagar.

It has been argued by learned counsel for the applicant that earlier applicant was working in the factory of respondent no.2, but later on she has left her job as respondent no.2 used to nurture evil intention towards her. It has been submitted that impugned complaint has been filed making false and baseless allegations just to pressurize the applicant so that she may join the company of respondent no.2. It was further pointed out that earlier a Case Crime No. 781 of 2017 was lodged by the opposite party no. 2 against the applicant and that when applicant has joined his company, he has compromised that case.

Learned A.G.A. has opposed the prayer.

From the perusal of the material on record and looking into the fact of the case at this stage, it cannot be said that prima facie no case is made out against the applicant. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in jurisdiction of Section 482 Cr. P.C. It is well settled that at this stage only prime case is to be seen. Considering the law laid down by Apex Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283, material on record and considering the submissions of learned counsel for the applicant, no case for quashing of the proceeding is made out.

The prayer for quashing as prayed above is hereby refused.

However, it is directed that in case applicant appears and surrenders before the courts below within 30 days from today and apply for bail, his prayer for bail shall be considered and decided expeditiously on its own merits 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 and judgement passed by Hon'ble Apex Court 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of 30 days from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him.

With the aforesaid direction, the application is disposed off finally.

Order Date :- 1.8.2019

T.S.