POOJA Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the impugned order dated 18.01.2012, passed by Additional Sessions Judge, Court No. 3, Bulandshahar in Session Trial No. 579 of 2011, arising out of Case Crime No.175 of 2010, State v. Madan and others, under Sections 302 and 201 I.P.C., Police Station Ahmedgarh, District Bulandshahar.

(2.) Heard learned counsel for applicant, learned A.G.A. for State and perused the record.

(3.) Learned counsel for applicant argued that applicant is of no concern with offence of murder of Sonu. There is no connecting evidence against her. On the basis of her confessional statement, charge sheet has been filed, whereas prosecution version is that she was under illicit relation with Anil. It was witnessed by Sonu and Ganesh, who were residing with husband of applicant at his home. They protested this illicit relation. Applicant entered in conspiracy with Anil for getting rid from Ganesh and Sonu. In between, Anil was murdered, wherein Ganesh and Sonu were accused for offence of murder. Ganesh was detained in judicial custody. Sonu was subsequently murdered. For this offence of murder, case was got registered against one Madan. Subsequently, Madan and Deepak were added as party and on the basis of alleged illicit relation, charge sheet has been filed against applicant. Learned Additional Sessions Judge opined and framed charge for offence punishable under Section 302, 201 I.P.C., which was challenged before this Court in Application U/S 482 No. 26741 of 2011 and this Court vide order dated 21.11.2011 allowed above application, thereby quashed order of framing of charge against applicant. The file was remanded back to trial court for hearing afresh and passing order over application moved under Section 227 Cr.P.C., in view of discussions, made by this Court, in above order. After hearing both sides, application under Section 227 Cr.P.C. was rejected and subsequently an order for framing of charge for offence punishable under Section 302 I.P.C. and its conspiracy punishable under Section 201 I.P.C. was passed, which has been assailed in this proceeding.