Court No. - 89

Case :- APPLICATION U/S 482 No. - 5581 of 2021

Applicant :- Omwati

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Moti Lal

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

1. Heard Mr. Moti Lal, learned counsel for applicant and

learned AGA for State.

2. This application under section 482 Cr.PC has been filed

challenging charge-sheet dated 30.03.2020 submitted in case

Crime No. 464 of 2019 under Sections 332, 353, 354 I.P.C.

Police Station-Medical College, District- Meerut, as well as

entire proceeding of consequential Case No.427 of 2020( CNR

No. UPME 040645212020 (State Vs. Guddu and others)

pending in the Court of Chief Judicial Magistrate,District-

Meerut.

3. Learned counsel for applicant contends that no offence

against the applicant is disclosed and the present prosecution

has been instituted with a malafide intention for the purpose of

harassment. He pointed out certain documents and statements in

support of aforesaid contention.

4. From 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 applicant. All the submissions made at the Bar

relate to the disputed defence of the applicants, which cannot be

adjudicated upon by this Court in exercise of its jurisdiction

under section 482 Cr.PC. At this stage only prime facie case is

to be seen in the light of law laid down by Supreme Court in

R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of

Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar

v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu

Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and

another (Para-10) 2005 SCC (Cr.)283.

5. Accordingly prayer for quashing proceedings of aforesaid

case pending before the court concerned is refused.

6. However, it is provided that if the applicant appears and

surrenders before the court below within 30 days from today

and applies for bail court below shall consider and decide the

bail application of applicant as per law laid down by this Court

in the case of Smt. Amarawati and another v. State of U.P.,

reported in 2004 (57)ALR 290 and Brahm Singh and Ors.

Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151,

Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and

others, reported in (2009) 3 ADJ 322 (SC). Since the

applicant is a lady, her bail application may be heard on the

same day, if possible.

7. For a period of 30 days from today or till disposal of the

application for bail whichever is earlier, no coercive action shall

be taken against applicant.

8. However, in case, applicant does not appear before the court

below within the aforesaid period, Court below shall be free to

proceed against applicant.

9.With the above directions, present application is disposed of.

Order Date :- 12.3.2021

YK