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Nirmal Sarkar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12373 of 2006 [2006] RD-AH 15393 (5 September 2006)


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).


Court No.42


       Crl.  Misc.Bail Application No. 12373 of 2004.

Babita and others               ---------   Applicants.


State of U.P  and others                  ----   Opp. Parties.


       Heard learned counsel for the applicants, learned counsel for opposite party and learned A.G.A.

           The present application has been moved  for quashing  the charge sheet dated 23.6.2004 in case Crime No.130 of 2004, under Sections 498-A,323,504,506 I.P.C and 3/4 D.P.Act, Police Station  New Agra ( State Vs. Vipin Bihari ).

           The brief facts giving rise  to the present   application are that  an F.I.R was lodged against the applicants and other family members for the above offences.  The allegations were that  complainant  Nidhi Garg was married  with  the brother of applicant No.1 on 5.8.2002. There was  torture  and demand of dowry  at the  matrimonial  home. Ultimately she was beaten hence she left her in laws' house on 16.4.2004. It is alleged  in the F.I.R that in the marriage the father of opposite party No.2 had given dowry according to his capacity  but the applicants and other family members were not satisfied and demanded a motorcycle  and a cash of Rupees two lack. On non fulfillment of demand of dowry, the opposite party  No.2 was tortured  physically  and mentally. On 1.4.2004 the applicants and other family members poured kerosene oil on opposite party No.2 but  she  escaped  and narrated  the entire story  to her parents. She was also medically examined in the district hospital and the report was lodged. The case was investigated  and charge sheet was submitted against the applicants and other family members.

         Counter affidavit was filed stating that the allegation set forth  in the affidavit are incorrect.  The opposite party No.2 was seriously injured. The copy of the injury report is annexure-CA-1 and the false defense has been  cooked up .

         Rejoinder affidavit has been filed.  The inherent power  of this Court  can  be invoked only when there is a misuse of the process of the Court.  There are  about four injuries on the body  of opposite party No.2. The affidavit does not contain any such thing  which may falsify  the F.I.R or the charge sheet  at this stage.  It is settled law that the complaint or charge sheet  can  be quashed  only  when there is no evidence and the prosecution of the applicant may be mere formality.  

          In the present case there is absolutely  nothing to show that the charge sheet  is devoid of any substance. The evidence collected by the investigating Officer has also not been filed nor it has been  dealt with in any way.

         Thus, the application under Section 482 Cr.P.C is devoid of any force and it is hereby dismissed. The stay order stands vacated.

Dt. 5.9.2006.



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