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2025 DAILYLAW 106642 (ALL)

SMT SARITA @ DOLI v. STATE OF U.P. AND ANOTHER

A482/37778/2024 · 2025-09-24

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 37778 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to allow the present application and quash the impugned order dated 16.04.2016 passed by the Court of learned Additional Chief Judicial Magistrate, Shikohabad, Firozabad in Complaint Case No. 805 of 2015 (Ujagar Singh v. Mithlesh Kumar and others) under Section 494 IPC, Police Station-Shikohabad, District-Firozabad as well as impugned order dated 25.02.2019 passed by learned Additional Chief Judicial Magistrate, Shikohabad Firozabad. It has been submitted by learned counsel for the applicants that the statements of complainant and witnesses have been recorded under Sections 200 and 202 Cr.P.C. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. Accordingly, prayer for quashing is declined. However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a Versus Counsel for Applicant(s) : Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Smt Sarita @ Doli .....Applicant(s) State of U.P. and Another .....Opposite Party(s) reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. September 25, 2025 Aditya Tripathi A482 No. 37778 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad