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Smt Phulwasi Devi v. State Of U.P. And Another - APPLICATION U/s 482 No. 4730 of 2006  RD-AH 9134 (8 May 2006)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and learned A.G.A.
This application is filed by the applicant Smt Phulwasi with a prayer that criminal proceedings in criminal case no. 1157 of 2006 under Sections 3/7 E.C. Act arising out of charge sheet no. 6 of 2006 dated 17.1.2006 in the case crime no. 565 of 2005, P.S. Rampur Karkhana, , district Deoria pending in the court of C.J.M. Court No. 17, Deoria may be quashed.
It is contended by the learned counsel for the applicant that the applicant is Dealer of fair price shop. On the basis of the allegation made against the applicant no offence under Sections 3/7 of the E.C. Act is made out. In this case fair investigation has not been done and without collecting any credible evidence the charge sheet has been submitted against the applicant by the I.O. whereas the fact is that the robbery was committed by other co-accused persons.
It is opposed by the learned A.G.A. by submitting that on the basis of the evidence collected by the I.O. during the investigation prima facie offence under Section 3/7 of the E.C. Act is made out against the applicant. Therefore, the criminal proceedings may not be quashed.
Considering the facts and circumstance of the case and the submission made by the learned counsel for the applicant and the learned A.G.A. and from the perusal of the record it appears that on the basis of the material collected by the I.O. prima facie offence is made out therefore, the prayer for quashing the criminal proceedings and the charge sheet is refused It is further contended that applicant is peace loving and law abiding lady and the arrest of the applicant was stayed by this court during the investigation and the allegation against the applicant is not of grave in nature, so a suitable direction may be issued to the court below.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant it is directed that in case the applicant appears before the court concerned within 30 days from today and applies for bail the same shall be considered and disposed of on the same day in accordance with the provisions of law. Thereafter, any application is moved by the applicant for exemption of her attendance in
the court up till the framing of the charge the same shall be considered and disposed on in accordance with the provisions of law.
With the above directions the application is finally disposed of.
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