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2025 DAILYLAW 101665 (ALL)

TASLIMUN @ TASLIMUNNISHA v. State of UP AND ANOTHER

A482/33261/2024 · 2025-01-09

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5705 Court No. - 52 Case :- APPLICATION U/S 482 No. - 33261 of 2024 Applicant :- Taslimun @ Taslimunnisha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ravindra Prakash Srivastava, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State. Learned counsel for the applicants submits that husband and devar of opposite party no.2 have been acquitted, therefore, the applicant who is mother-in-law, has been implicated with the same set of facts, may be granted protection. Learned A.G.A. submits that the culpability of any accused cannot be decided on the basis of any evidence, which was not recorded in his presence or his pleader's presence or presence of other accused persons, therefore, in view of the law laid down in case of A.T. Mydeen and Another v. Assistant Commissioner, Customs Department, reported in (2022) 14 Supreme Court Case 392, relief as prayed by learned counsel for the applicant cannot be granted. Accordingly, this application u/s 482 is rejected. Order Date :- 9.1.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad