Decided on May 01,2012

Charan Bai Sahu Appellant


Hon'ble Prafulla C. Pant, J. - (1.) HEARD . By means of this petition moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 1071 of 2012 State vs. Deepak Lal and others, relating to offences punishable under section 420, 467, 468, 471 and 376 of I.P.C., Police Station Rudrapur, District Udham Singh Nagar, pending in the court of Chief Judicial Magistrate, Udham Singh Nagar.
(2.) LEARNED counsel for the petitioners drew attention of this Court to the fact that in the First Information Report, as well as in the statement recorded under section 161 of Cr.P.C., and it is shown that the complainant has made allegations of rape only as against the accused Amrit Lal Sahu, and not against the petitioners, who are mother and brother of said person. In the above circumstances, it is clear that the prosecution of petitioners so far as it relates to offence punishable under section 376 of I.P.C., the same is liable to be quashed. However, as to the other offences alleged against the petitioners, this Court is not inclined to interfere with the trial of the case, as there are factual disputes raised in the petition, which cannot be examined by this Court on the basis of half baked evidence. Therefore, the petition under section 482 of Cr.P.C., is disposed of with the direction that the impugned charge sheet and the summoning order thereon in respect of offence punishable under section 376 of I.P.C., against the petitioners namely Charan Bai Sahu and Bhagirath Sahu, are quashed. However, it is made clear that in respect of other offences the proceedings are not interfered with, and the petitioners may take their plea of innocence before the trial court. As to the third accused Amrit Lal Sahu, the trial court may proceed in respect of all the offences including offence punishable under section 376 of I.P.C., regarding which the charge sheet is submitted. It is further observed that if the petitioners namely Charan Bai Sahu and Bhagirath Sahu surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 465 of 2012 stands disposed of).;

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