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SMT. MUNNI DEVI versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Smt. Munni Devi v. State Of U.P. And Another - APPLICATION U/s 482 No. 15620 of 2005 [2005] RD-AH 4731 (24 October 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. 15620 of 2005.

Smt. Munni Devi Vs. State of U.P. and another.

Hon. Mrs. Poonam Srivastava, J.

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

This application has been filed for quashing the charge sheet No. Nil of 2004 arising out of case crime No. C-2 of 2002, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kailiya, District Jalaun and also for quashing the proceedings in Criminal Case No. 185 of 2004, pending in the court of Chief Judicial Magistrate Orai, District Jalaun. It appears that the case has not yet been committed to the court of session in respect of the present applicant. The first information report is annexed as Annexure-2 to the affidavit.

The present applicant Smt. Munni Devi is the mother-in-law. The first information report was registered against four accused, husband, brothers of the husband and mother-in-law. The Investigating Officer submitted a charge sheet against the accused Sukhpal Singh, husband, Pratipal Singh and Rampal Singh, and the case was committed to the court of session. The trial proceeded in Session Trial No. 234 of 2003, State Vs. Sukhpal Singh and others. Three witnesses were examined during the trial who did not support the prosecution case and trial court acquitted the husband and other family members vide judgment dated 8.4.2004 in Session Trial No. 234 of 2003. A copy of the judgment has been annexed as Annexure-5 to the affidavit. The charge sheet against the mother-in-law (present applicant) was submitted subsequently and it is still pending before the Chief Judicial Magistrate Orai at Jalaun. The prayer in this application is to quash the proceedings in respect of the present applicant as the same evidence is also against the present applicant which was adduced in the session trial in respect of the husband, brother-in-law and father-in-law. The court had given a clear verdict of acquittal and, therefore, the proceedings against the present applicant is liable to be quashed.  

The submission on behalf of the applicant is that the evidence recorded in the said session trial will be same evidence in the case of the present applicant and since once the court has given a verdict of acquittal, the proceedings, if allowed to continue against the present applicant, will only be a futile exercise and no good result can be expected. It is almost certain that the trial of the present applicant if allowed to continue, will only end in an acquittal and there is not even a remote chance of conviction. In the facts and circumstances and on the basis of a decision of this Court in the case of Manoj Vs. State of U.P. and another, 2004 (49) ACC, 302. it is prayed that the principle of ''stare decisive' will squarely apply to the facts of the present case and in view of the aforesaid decision, the charge sheet should be quashed.  

After hearing the counsel for the parties and going through the decision cited above on behalf of the applicant, it is true that there is no prospect of the case ending in conviction against the present applicant and if, the trial is allowed to continue, it will amount to wastage of valuable time of the court. The trial, if allowed to continue, will be a hollow formality of pronouncing the same judgment which has already been passed in respect of other co-accused in the same case crime number and entire exercise will be rendered futile.

In the facts and circumstances of the case, this application is allowed and the charge sheet No. Nil of 2004 arising out of case crime No. C-2 of 2002, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kailiya, District Jalaun and the subsequent proceedings in Criminal Case No. 185 of 2004, pending in the court of Chief Judicial Magistrate Orai, District Jalaun initiated against the present applicant are quashed.

Dt/- 24.10.2005.

Rmk.


Copyright

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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