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2025 DAILYLAW 110853 (ALL)

MAYA DEVI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/42658/2024 · 2025-01-14

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6320 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42658 of 2024 Applicant :- Maya Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Damodar Singh,Devendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Devendra Vikram Singh, learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants Maya Devi, Jyoti Pandey, Sunil Pandey and Kalindi Pandey with the prayers to allow the application and quash the entire proceeding of Case No. 360 of 2024, arising out of case crime No. 495 of 2023 (State Vs. Shiv Narayan and others), under Sections 34, 323, 504, 506 IPC, P.S. Mehnagar, District Azamgarh, pending in the court of Judicial Magistrate, FTC (Women), Azamgarh together with impugned charge sheet dated 26.01.2024 and impugned cognizance/summoning order dated 01.05.2024 and with a further prayer to stay the further proceeding of the aforesaid case, during the pendency of the present application. 4. Learned counsel for the applicants submits that the proceedings initiated against the applicants are abuse of process of Court. It is submitted that the parties are having a civil litigation also which is continuing in which injunction has been granted in favour of the family of the applicants, para 19 of the affidavit has been placed before the Court. It is submitted that the injuries as received from the side of the opposite party no.2 are simple in nature. It is submitted that although the case is based on falsity but looking to the nature of allegations, appropriate directions be issued to the trial court for deciding the bail application of the applicants, as expeditiously as, possible. It is further submitted that the applicant no.1 is working as A.N.M., applicant No.2 is a student and applicant no.4 is married daughter of applicant no.1 and she is also a pardanshin lady and she has also no concerned with the said case, para 30 of the affidavit has been placed before the Court. It is further submits that although the prayer has been made for quashing of the impugned summoning order as well as entire proceeding and staying the summoning order including the proceedings of the aforesaid case but he does not press the same. 5. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants. 6. In view of the above, the prayer for quashing of impugned summoning order as well as entire proceeding and staying the summoning order including the proceedings of the aforesaid case is dismissed as not pressed. 7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail, the same shall be considered and decided expeditiously in accordance with law. 8. The present application is disposed of. Order Date :- 15.1.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad