Seema v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10218 of 2023 Applicant :- Seema Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Anirudh Kumar Singh,learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of the Case No. 25252 of 2022, arising out of Case Crime No. 0089 of 2022, under sections 147,148,149,332,353,427,323,504,506 of I.P.C.and

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Criminal Law(Amendment) Act, 1932 and Section 51 of the Wild Life (Protection) Act, 1972, Police Station-Murtiha, District-Bahraich, pending in the court of learned Chief Judicial Magistrate, Court No. 9, Bahraich. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed. After arguing at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicant to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 30 days, strictly in accordance with law. Applicant is given liberty to file the discharge application through her counsel. With the aforesaid observation, the application is disposed of. Order Date :- 18.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench