HIGH COURT OF UTTARANCHAL AT NAINITAL C-482 No. 928 OF 2006 Manju Dev, W/o Sri Laxman Singh, R/o Bagga-54, P.S. Khatima, District-udham Singh Nagar. ……..Applicant. Versus 1. The State of Uttaranchal. 2. Station Officer, P.S. Khatima, District-Udham Singh Nagar. 3. Utam Singh Jimiwal, S/o late Sri Dan Singh Jimiwal, R/o Village-Pachoria, P.S. Khatima, District-Udham Singh Nagar. ………….Respondents. Hon’ble Rajesh Tandon, J. Heard V.S. Pal, counsel for the applicant and A.G.A. for the State. 2. By the present application filed under Section 482 of the Code of Criminal Procedure, applicant has prayed for quashing of the Charge-sheet of Case Crime No. 2658 of 2006 under Section 304 B I.P.C. and 3/4 of the Dowry Prohibition Act P.S. Khatima, District Udham Singh Nagar. 3. Briefly stated, respondent no. 3 lodged an FIR on 23rd July, 2005, which was registered as Case Crime No. 2658 of 2006 under Section 306 I.P.C. later on amended 2 as 304 B I.P.C. and 3/4 of the Dowry Prohibition Act in P.S. Khatima, District-Udham Singh Nagar. After investigation of the matter charge-sheet was submitted on 25.09.2006 and it was converted in Criminal Case No. 1229 of 2006 in the Court concerned, Khatima District- Udham Singh Nagar. 4. The court concerned Khatima has taken cognizance against the applicant after submission of the charge sheet. 5. No interference is required under Section 482 of the Code of Criminal Procedure in view of Medchl Chemicals & Pharma (P) Ltd. Vs. Biological E. Ltd and others (2000)3 SCC 269, where it has been observed as under: “19. Considering the factual aspect of the matter, we unhesitatantily state, however, that the issue involved in the matter under consideration ios not a case in which the criminal trial should have been short-circuited. We, thus, without expressing any opinion on the merits of the case allow the appeal and set aside the impugned order of the High Court and resotre the complaint. The learned trial magistrate shall proceed with the complaint and dispose of the same in accordance with the law with utmost expedition. Be it clarified however that observations as above in this judgment be not taken as an expression of any opinion of ours.” 6. However, in view of the above, it will be open for the applicants to demonstrate during the trial regarding her 3 innocence. However, since the applicant is a lady/women, it will be open for her to apply for bail and the same shall be considered expeditiously and if possible on the same day after considering the case on merits. 7. In view of the aforesaid, petition filed under Section 482 of the Code of Criminal Procedure is disposed of. (Rajesh Tandon, J.) 23.11.2006 Rathour