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