Advocates:
['SURENDRA NATH DUBEY', '', 'SACHIN DUBEY', 'ANAND PATI TIWARI', 'G A']

Court No. - 52

Case :- APPLICATION U/S 482 No. - 21103 of 2021

Applicant :- Julee @ Shabanam Pasi And Another

Opposite Party :- State Of U.P And Another

Counsel for Applicant :- Surendra Nath Dubey,Anand Pati

Tiwari,Sachin Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicants as well as learned

AGA for the State.

The present application u/s 482 Cr.P.C. has been filed by the

applicants with the prayer to set aside the charge sheet dated

13.04.2021 as well as the entire proceeding of Criminal Case

No. 3086 of 2021 arising out of Case Crime No. 0035 of 2020,

under Sections 498-A, 304-B, 316 IPC and Section 3/4 Dowry

Prohibition Act, Police Station Chaubeypur, District Kanpur

Nagar and summoning order dated 04.05.2021 passed by Chief

Judicial Magistrate, Kanpur Dehat.

Submission of learned counsel for the applicants is that the

applicants are sister-in-law of the deceased and they have

falsely been implicated in the present case. In-fact the

implication is malicious. The side opposite has abuse the

process of law by implicating the present applicants.

Elaborating this aspect, learned counsel for the applicants

submits that as per the inquest report (Panchnama), the

deceased expired on account of falling from roof. At the time of

inquest, the family members of the deceased were present but

they have not levelled any allegation against any one including

the applicants. After inquest report which was prepared on

02.11.2020, the F.I.R. in issue was lodged. On asking, learned

counsel for the applicants submits that the same is not on

record. It is further submitted that during investigation, the

statement of independent witnesses were recorded by the

Investigating Officer, who have said that the present applicants

were not at the place of occurrence. In these circumstances, the

present application is liable to be entertained and allowed.

On the other hand, learned AGA opposed the prayer and

submitted that all the aspects are factual in nature. As per the

settled law, if prima facie case is not made out from the bare

perusal of F.I.R. and charge sheet then in that event this Court

in exercise the power under Section 482 Cr.P.C. or Article under

226/227 can interfere the matter. However, from bare perusal of

material available on record, prima facie case is made out

against the applicants. As such, in view of law laid down in the

judgements of Hon'ble Apex Court including the recent

judgement in the case of M/s Neeharika Infrastructure Pvt.

Ltd. Vs. State of Maharashtra and others, 2021 SCC Online

SC 315. The present application is liable to be dismissed.

Upon due consideration of material available on record

including the charge sheet, F.I.R. as also the statement of

informant wherein the informant has stated that the deceased

has told him that all the accused indicated in the F.I.R.

including the present applicants assaulted her, abuse her and

pushed her from the roof, it cannot be said that prima facie no

offence is made out against the present applicant, as such taking

note of the same as also observation made by the Hon'ble Apex

Court in the judgements passed in the case of M/s Neeharika

Infrastructure case (supra) this Court is not inclined to

interfere in the matter.

Accordingly, the present application U/S 482 Cr.P.C. is

dismissed at the admission stage.

Order Date :- 2.6.2022

Sanjeet

Digitally signed by SANJEET

KUMAR YADAV

Date: 2022.06.03 10:08:29 IST

Reason:

Location: High Court of Judicature at

Allahabad