Court No. - 5 Case :- U/S 482/378/407 No. - 2953 of 2010 Petitioner :- Geeta Devi Respondent :- State Of U.P. And Another Petitioner Counsel :- C.L. Yadav Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. has been filed by the petitioner for
quashing the Chargesheet No.118 of 2009 (Case Crime No.370 of 2009)
under Sections 420 and 471 I.P.C., Police Station Tarun, District Faizabad.
Notice on behalf of the opposite party no.1 has been accepted by the learned
A.G.A.
Notice against the opposite party no.2 is dispensed with.
Heard the learned counsel for the parties and perused the record of the case.
Chargesheet which has been sought to be quashed under Section 482 Cr.P.C.
pertains to the aforesaid case crime number. The chargesheet was submitted
by the police after detailed investigation in the matter. Statement of witnesses
under Section 161 Cr.P.C. was recorded at length. It is settled law that
inherent power to quash the chargesheet, should not be exercised to stiffle the
legitimate prosecution. It would be erroneous to assess the reliability of the
witnesses at this stage. A perusal of the record prima facie discloses the
commission of cognizable offence for which chargesheet has been submitted.
There is nothing on record to show that proceedings is malafide, frivolous or
vexatious. In these circumstances, there appears no sufficient ground to
interfere in the matter and the progress of the trial, before the court below.
In the end, learned counsel for the petitioner confines his prayer for
expeditious disposal of the bail application in case the applicant surrenders
before the court below. No doubt it is the right of everyone that his bail
application be disposed of expeditiously.
It is therefore, provided that if the petitioner surrenders before the court
below within ten days and moves application for her bail, the same shall be
considered and disposed of by the courts below, expeditiously in the light of
the law laid down by Full Bench of this Court in case of Smt. Amrawati and
another Vs. State of U.P. reported in 2005 CBC page 705.
With the aforesaid direction/observation, this petition is disposed of finally.
Order Date :- 21.7.2010
Shukla