Court No. - 53 Case :- APPLICATION U/S 482 No. - 9144 of 2008 Petitioner :- Smt. Sobra Khatoon & Other Respondent :- State Of U.P. & Another Petitioner Counsel :- Aalok Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicants and learned counsel for the State.
This petition under Section 482 of Cr.P.C. has been moved by the applicants
for quashing the proceedings in Crl. Misc. Case No. 03 of 2005(Sadalat Vs
Saleem) under Sections 498A and 314 of I.P.C., P.S. Bhatani pending in the
court of Chief Judicial Magistrate Court Room No. 17 Deoria.
Submission of the learned counsel for the applicants is that there is no
sufficient evidence against him to proceed in this matter and the conduct of
the applicants shows that they had nothing to do with the present crime as
such the charge sheet filed against the applicants in the present case may be
quashed.
On the other hand, learned counsel for the State submits that the letter of
Sayara Khatoon, written to her younger sister shows that she was subjected to
cruelty. There is evidence on record that subsequently she was given some
medicine which resulted in abortion and then her death.
I have considered the submissions made by the learned counsel for the parties
and perused the entire record of the case.
Having considered the submissions made by learned counsel for the parties, I
find no good ground to interfere in the present petition filed under Section 482
Cr.P.C. It is accordingly hereby dismissed.
However, it shall be open for the court concerned to examine the matter in
accordance with law. it is provided that the applicants were ladies if the
applicants appear before the court concerned within 30 days from today and
apply for bail, the same shall be considered, in accordance with law,
expeditiously.
Order Date :- 8.7.2010
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