Smt. Chandra Kali Dubey v. State of U.P & Anr.
Case at a glance
Provisions considered
Key paragraphs
- Para 77. Accordingly, it is provided that if the applicant appears before court below within a period of two weeks from today and files an application seeking recall of order dated 04.01.2023, court below shall specifically consider the same in light of the facts stated above…
Judgment
Applicant :- Smt. Chandra Kali Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Srivastava, Usha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Vinod Kumar Srivastava, the learned counsel for applicant and the learned AGA for State.
Challenge in this application under Section 482 Cr.P.C. is to the order dated 04.01.2023 passed by chief Judicial Magistrate, Farrukhabad in Case No. 3042 of 2015 (State vs. Naresh Dubey and others), under Sections 406, 420, 467, 468, 471, 120-B IPC, Police Station Nai Ki Mandi, District Agra whereby non- bailable warrant has been issued against applicant as well as the entire proceedings of above mentioned complaint case.
Learned counsel for applicant submits that applicant had initially approached this Court by means of an application under Section 482 Cr.P.C. No. 9840 of 2004 (Smt Chandra Kali Dubey and others vs. State of U.P. and another). An interim order was granted in favour of the applicant in the aforesaid application. However, aforesaid application was decided ex-parte vide order dated 10.12.2018. For ready reference, order dated 10.12.2018 is reproduced herein below: " No one appears for the applicant. However, I have perused the records. This application under Section 482 Cr.P.C. has been filed to quash the charge- sheet dated 20.2.2002 in Case Crime No. 123 of 1999 under Sections 406/420/467/468/471/120-B I.P.C., Police Station Nai Ki Mandi, District Agra pending before the A.C.J.M. IV, Agra. It has been stated in the affidavit filed in support of the application that no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
In support of the said plea certain documents have been annexed with the affidavit. The A.G.A. submitted that from a perusal of the 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. The submissions made in the affidavit filed on behalf of the applicant relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. The submissions made by learned A.G.A. have force.
The prayer for quashing the proceedings and the chargesheet is refused. However, it is directed that if the applicant appears and surrenders before the court below within three months from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of three months from today or till the applicant surrenders and applies for 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 proceed in accordance with law to ensure the presence of the applicant. With the aforesaid directions, this application is finally disposed of. "
It is thus contended that as the applicant had no knowledge about the order dated 10.12.2018, she could not appear before court below. Apart from above, it is further contended that applicant has already been enlarged on bail by court below.
On the aforesaid premise, the learned counsel for applicant contends that interest of justice shall be served in case applicant is permitted to appear before court below and file a recall application. Court below is directed to decide the recall application filed by applicant seeking recall of order dated 04.01.2023.
Per contra, the learned AGA did not oppose the prayer made by the learned counsel for applicant.
Accordingly, it is provided that if the applicant appears before court below within a period of two weeks from today and files an application seeking recall of order dated 04.01.2023, court below shall specifically consider the same in light of the facts stated above and decide the same within a period of two weeks from the date of receipt of a certified copy of this order.
With the aforesaid direction, this application is finally disposed of. Order Date :- 12.4.2023 Ashish Pd. ASHISH PRASAD High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860.
Which court decided this case, and when?
Allahabad High Court, on 12 Apr 2023.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.