Court No. - 28 Case :- U/S 482/378/407 No. - 490 of 2010 Petitioner :- Smt. Suman Signh And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Dilip Pandey Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the petitioners and learned A.G.A. who has put
in appearance on behalf of State of U.P., opposite party no.1.
This application under Section 482 Cr.P.C. has been filed for quashing of the
impugned charge-sheet arising out of Case Crime No.147 of 2007, under
Sections 364, 120-B I.P.C., Police Station Unchahar, District Rae Bareli.
The charge-sheet has been filed on the basis of the accusation made in the
F.I.R. and the evidence collected during investigation including the statements
under Section 161 Cr.P.C. The other averments are factual in nature that
cannot be adjudicated in the present application. There does not appear to be
any sufficient cogent ground for quashing of the charge-sheet or entire
proceedings.
Learned counsel for the petitioners submits that petitioner no.1 happens to be
wife and petitioner no.2 is a son of the kidnappee respectively. But
concededly the kidnappee has not been recovered till date. He also submits
that a cross version as contained in the report filed by the petitioner no.1, after
investigation final report has been submitted in which a protest petition has
been filed by the petitioner. But on account of this reason also there is no
justification for quashing of the charge-sheet in question.
Finally, therefore I regret in not finding any substance for invoking the
inherent powers of this Court. The petition is, therefore dismissed.
However, it is provided that if the petitioner no.1 who is a lady appears before
the court below and applies for bail the same shall be considered keeping in
view the relevant provisions contained in Section 437 Cr.P.C. in respect of
granting bail in favour of ladies.
Order Date :- 3.2.2010
PAL/