Smt. Shanti Devi vs State of U.P. and Another

Hon''ble Surendra Singh, J.—Heard Learned Counsel for the applicant and learned A.G.A. and perused the material placed on record. The present application has been filed u/s 482 Cr.P.C. for quashing the charge sheet no.16 of 2011, dated 11.4.2011 in pursuance of case crime no.129 of 2008, under Sections 419,420,467,468,471 IPC, P.S. Sakaldiha, District Chandauli.

The contention of the Learned Counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court u/s 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. The State of Punjab, , State of Haryana versus Bhajan Lal, 1992 SCC (Cr) 426, State of Bihar versus P.P. Sharma, 1992 SCC(Cr) 192, and lastly Zandu Pharmaceutical Works LTD. versus Mohd. Saraful Haqe and another (Para 10), 2005 SCC (Cr.)283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge at appropriate stage.

The prayer for quashing the charge sheet is refused.

However, it is provided that if the applicant appears or surrenders before the courts below within a period of four weeks from today and applies for bail, then her prayer for bail be considered in view of the settled law laid down by the Seven Judges'' decision of this Court in the case of Amarawati and another Versus State of U.P., reported in 2004 (57) ALR 290 (affirmed by Hon''ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P.) and the case of Sukhwant Singh and Others Vs. State of Punjab, , after hearing the Public Prosecutor taking into account that the applicant is an old lady aged about 70 years. For a period of four weeks from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case the applicant does not appear before the court below within the aforesaid period, the trial court shall take all the recourses permitted under the law to secure and ensure the presence of the accused applicant.

It will also be open to the applicant to move an application u/s 205 Cr.P.C. for her exemption from personal appearance before the trial court and if such an application is moved, the trial court may dispense with her personal attendance and permit her to appear through counsel subject to the terms and conditions imposed by the trial court under the given facts and circumstances of the case. With the aforesaid observation, the application is disposed of finally.