Allahabad High Court
Sandeep And 3 Others vs State Of U.P. And Another on 15 December, 2022
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 88
Case :- APPLICATION U/S 482 No. - 32681 of 2022
Applicant :- Sandeep And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Gauri Shankar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Gauri Shankar Yadav, learned counsel for the applicants as well as Sri Raj Kamal, learned A.G.A., who appears for the State.
This is an application under Section 482 CrPC filed by the applicants who are four in number being husband, mother-in-law, nanad and devrani, for quashing the Charge Sheet dated 26.01.2022 as well as cognizance / summoning order dated 14.06.2022 passed by Chief Judicial Magistrate, Gautam Budh Nagar in Case no. 30002 of 2022 (State Vs. Sandeep and others) arising out of Case Crime No. 348 of 2021, under Sections 498-A, 323, 325, 504, 506 IPC, P.S. Bisrakh, District- Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
Learned counsel for the applicants has argued that a first information report has been lodged by O.P. no.2, who happens to be the daughter-in-law and the sister-in-law of the applicant before the P.S. Bisrakh, District Gautam Budh Nagar on 21.5.2021 at 15:31 hours purported to be under Sections 498-A, 323, 354, 504, 506, 376, 511 IPC against the applicants as well as the devar with an allegation that though the marriage of the applicant no.1 stood solemnized with O.P. no.2 on 15.4.2012, but dowry was being demanded, pursuant whereto not only assault was committed but also all sorts of harassment was being made. In the FIR, it has also been alleged that the devar who is not before this court in the present proceeding, had committed offence under Section 376 IPC. Learned counsel for the applicants has further submitted that the entire allegations contained in the FIR are nothing but bundle of lies just in order to falsely implicate the applicants and rope in as according to the learned counsel for the applicants the allegations are general and routine. Learned counsel for the applicants has next argued that even in fact the falsity and the hollowness in the allegations in the FIR is further hilighted from the fact that in relation to offences under Section 376 IPC against Pradeep (devar) they were found to be bereft of any substance as Pradeep had been enlarged on bail in Criminal Misc. Bail Application No. 33234 of 2021 vide order dated 12.11.2021. Learned counsel for the applicant has further drawn the attention of this Court towards the supplementary affidavit while coming up with the stand that the document annexed therewith itself reveal that there was no bad act committed under Section 376 IPC and more so, the entire allegations have no basis.
Countering the said submission, learned A.G.A. opposed the application while arguing that the present proceedings are under Section 482 of CrPC and roving enquiry into factual aspects cannot be gone into, particularly, at a stage, when the trial is yet to commence. He has further relied on the judgment in the case of M/S Neeharika, Infrastructure Pvt. Ltd. vs. State Of Maharashtra and others reported in AIR 2021 SC 192 so as to buttress the submission.
Learned A.G.A. has further referred to page 9 of the supplementary affidavit so as to contend that in the injury x-ray report, the opposite party no.2 has sustained fracture of fifth rib of the chest and thus it clearly reveals that assault was being upon the opposite party no.2.
I have heard the submissions of the rival parties and perused the record. In the opinion of the Court since factual issues are being sought to be raised by the learned counsel for the applicants, same cannot be dealt with or considered at a stage, particularly, when the trial is yet to commence.
On a pointed query made from the learned counsel for the applicants as to whether there is any jurisdictional error committed by the court below, to which the answer was obviously not in affirmative.
Be that as it may, it is always open for the applicant to approach the court below for bail while taking all the legal and factual contentions which have been raised today in the present proceedings.
This Court has no reason to disbelieve that in case an appropriate application seeking bail is preferred, the same shall be dealt with most expedition in accordance with law existing on the land.
Accordingly, the application is dismissed and consigned to record.
Order Date :- 15.12.2022
N.S.Rathour
