Court No. - 49 Case :- APPLICATION U/S 482 No. - 9060 of 2002 Petitioner :- Smt. Bhoori Alias Meena And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Dharmendra Singhal Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard Sri Dharmendra Singhal, learned counsel for the applicants.
The instant application under Section 482 Cr.P.C. has been filed by the
applicant for quashing the chargesheet dated 4.6.2001 on which cognizance
was taken on 14.6.2001 by learned Chief Judicial magistrate, Sadabad,
District Hathras, in Case Crime No.35 of 01 and Case No.618/IX/01 under
Section 395/397/412/216 A IPC Police Station Sahpau, District Hathras .
The submission is that neither the allegations made in the FIR nor the material
collected during investigation disclose the ingredients of any offence agaisnt
the applicants. It has also been contended that the applicants are the wives of
the alleged dacoits and can not be prosecuted under Section 216A IPC in view
of the Exception to Explanation of Section 216 A of the IPC.
I am of the considered opinion that the submissions made by applicants’
counsel can effectively be adjudicated upon by the court before whom the
case in which the applicants have been summoned is pending, by moving
appropriate discharge application.
In view of the above without expressing any opinion on the merits, this
application is finally disposed of with liberty to the applicants to file an
application for discharge before the court concerned, alongwith certified copy
of this order within a period of two weeks from today. In case such an
application is filed as directed herein above, the court concerned shall decide
the same within a further period of four weeks.
For a period of six weeks or till the discharge application of the applicants is
considered and decided by the court concerned, no coersive measure shall be
taken against the applicants.
In case the applicants fail to appear and apply for discharge within the period
as specified by this Court this order shall stand vacated automatically.
Order Date :- 1.7.2010
cps