Smt. Phoolwati vs State Of U.P. And Another
2019 Latest Caselaw 396 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 9199 of 2005
 

 
Applicant :- Smt. Phoolwati
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Aditya Prasad Mishra,Sushil Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 84 of 2004 under Sections 363, 366 IPC, P.S. Meerapur, District Muzaffarnagar.

From perusal of order sheet, it appears that this Court had passed the order staying further proceedings in the case on 18.7.2005. Since then even after lapse of more than 12 years, the proceedings are held up.

Further from perusal of record, it appears that after investigation, the impugned charge sheet was submitted by the police against the applicant. Under section 482 Cr.P.C., in a case like this where charge sheet has already been submitted by the police after due investigation, a final decision can only be taken by the court below during the trial. Therefore, no interference is warranted in this matter by this Court.

There is no justification to keep this matter pending for any more, hence this application is disposed of with the direction to the applicant to appear and file bail application before the court below. In case, applicant appears and files bail application before the court below within a period of month from today, the same shall be considered liberally and will be disposed of on the same day by the court below.

Application is disposed of as above.

Let a copy of this order be sent to the court concerned for compliance of this order.

Order Date :- 1.3.2019

RCT/-