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2025 DAILYLAW 109868 (ALL)

SEEMA DEVI v. STATE OF U.P. AND 3 OTHERS

NA528/42045/2024 · 2025-04-22

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61453 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 42045 of 2024 Applicant :- Seema Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atharva Dixit,Pranav Tiwary Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Manish Tiwary, learned Senior Advocate assisted by Sri Atharva Dixit and Sri Pranav Tiwary, learned counsel for the applicant and Sri Kamleshwar Singh, learned A.G.A. for the State are present. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the order dated 18.10.2024 passed by Additional Sessions Judge, F.T.C., Rambai Nagar (Kanpur Dehat) in Session Trial No. 2373 of 2023 (State vs. Suraj Shukla and others), under Section 302 of I.P.C., P.S. Sikandra, District Kanpur Dehat, whereby an application under Section 173(8) of Cr.P.C. has been dismissed after observing that case is pending for cross- examination of PW-3. Learned Senior counsel for the applicant fairly admits that further investigation has been conducted in the case after submission of charge sheet. The aforesaid case is related to circumstantial evidence. As per medical evidence, cause of death is recorded as shock and hemorrhage as a result of ante-mortem injuries. After some arguments, learned counsel for the applicants does not want to press the present application. In view of above, the present application u/s 528 of B.N.S.S. is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Certified copies of the relevant documents be returned to learned counsel for the applicants after retaining a photocopy of the same. Order Date :- 23.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad