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TARUN KUMAR CHADNA AND OTHERS. versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Tarun Kumar Chadna And Others. v. State Of U.P. & Others - APPLICATION U/s 482 No. 11653 of 2005 [2005] RD-AH 2086 (24 August 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.54

CRIMINAL MISC. APPLICATION NO. 11653 OF 2005

Tarun Kumar Chadna and others Vs. State of U.P. and another

Hon. Mrs. Poonam Srivastava, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

Admittedly, Tarun Kumar Chadna applicant no.1 is of unsound mind, which is evident from own admission of father of the girl.  A copy of the statement of father of the girl has been annexed as annexure no. 4 to the affidavit filed in support of this application.  Annexure no.6 is an order dated 14.5.2004 whereby applicant no.6 Anil Kumar Gupta was appointed as a case friend by the court on account of reason that the applicant no.1 is of unsound mind.  In the circumstances, entire proceedings is sought to be quashed.   A charge sheet has been filed after lodging of the First Information Report against all the applicants.  Submission on behalf of the applicants is that Anil Kumar Gupta, who is a case friend to the applicant no.1 has been implicated including entire family members.

In view of the principle laid down in various decisions by the Apex Court, in the cases of R.P. Kapoor Vs. State of Punjab, A.I.R. 1960, S.C. 866, State of Haryana and others Vs. Chaudhary Bhajan Lal, 1991(28) A.C.C. 111(S.C.), a bare reading of the, First Information Report and charge sheet, makes out a case, against the present applicants under Section 498-A I.P.C. There is specific allegation made against them. I do not find it a fit case for quashing the charge sheet in exercise of inherent powers under Section 482 Cr.P.C. at the initial stage.

The applicants are permitted to appear through counsel and claim discharge at the appropriate stage, and the courts below shall decide the said application, in accordance with law, after affording opportunity of hearing to the parties, by a reasoned order. However, in case the applicants appear within fifteen days from today and moves an exemption application under Section 205/317 Cr.P.C., (as the case may be) personal appearance of the applicants shall not be compelled during pendency of the application moved on behalf of the applicants. The court shall take an undertaking from the applicants that they will appear on such dates if the court requires their presence.  Till the application for discharge is finally decided, no coercive measures shall be taken against them.  The applicant no.1 being unsound mind, shall be granted exemption from personal attendance during trial.

With these observations, this application is disposed of.

Dt. 24.8.2005

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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