Smt. Lalita and Others vs State Of U.P. and Another

Hon''ble Arvind Kumar Tripathi, J.—Heard Learned Counsel for the applicants, learned AGA for the State and perused the record. This Crl. Misc. application u/s 482 Cr.P.C. has been filed with a prayer for quashing the criminal proceeding in criminal case no. 1372 of 2011 pending before the learnd Judicial Magistrate, I, Agra under sections 323, 324, 504, 506, 452 IPC IPC, P.S. Khanduli, District Agra.

Learned Counsel for the applicants submitted that it is family dispute, Opposite party no. 2 is real nephew and is an advocate of applicant no. 1 and 3. On the basis of false allegation even earlier complaint was lodged after more than 3 months and one of the proceeding u/s 156(3) Cr.P.C. was filed after submission of charge sheet. Criminal Misc. Application no. 22495 of 2009 was filed in which the proceeding was stayed vide order dated 15.10.2009 Now again in the present case FIR was lodged in case crime no. 183 of 2010 which was challenged before this Court. No such incident took place on 24.2.2010. However, FIR was lodged on 12.6.2010. Applicant no. 3 has received injuries and was got admitted in hospital. Since proceeding is initiated on malafide intention, hence impugned order is liable to be quashed.

Learned AGA opposed the aforesaid prayer and submitted that in view of the allegation and injury, it cannot be said that no offence is made out.

Considering the facts and circumstances of the case, since prima facie commission of offence is disclosed, hence no interference is required in the impugned order u/s 482 Cr.P.C. However, if the applicants will appear and move bail application within 3 weeks from today, the same will be considered and disposed off expeditiously, if possible on the same day, in accordance with law, in view of guide lines by Full Bench decision of High Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR 390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, .

If due to any reaosn the bail application could not be disposed off on the same day, the applicants may be released on interim bail till disposal of the bail application.

Further, if objection/discharge application is filed on behalf of the applicants with aforesaid period, it is expected that the court concerned will consider and decide the same expeditiously in accordance with law, at appropriate stage.

Applicant no. 2, Km. Chetana, D/o Komal Singh will be permitted to appear through counsel if her personal appearance is not found necessary by the court, till disposal of discharge application.

For a period of 3 weeks, the effect and operation of N.B.W. issued against the applicants shall be kept in abeyance. With these observations, application filed u/s 482 Cr.P.C. is disposed off finally.