SMT. NANHI DEVI ALIAS SUMAN DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHERS
A482/2834/2025 · 2025-04-10
Manish Kumar
body2025
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[ 2025 DAILYLAW 131416 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 131416 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20281 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2834 of 2025 Applicant :- Smt. Nanhi Devi Alias Suman Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anothers Counsel for Applicant :- Satish Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-
"this Hon'ble court may graciously be pleased to set aside the impugned summoning order dated 08.09.2023 passed by the Additional Chief Judicial Magistrate Sitapur in Case No.2920/2023 (State versus Smt. Nanhi Devi @ Suman Devi) Crime No.304/2022, U/s 3/7 of E.C. Act, P.S. Pisawan, District - Sitapur, and also set aside charge sheet No.07/2023 dated 23.01.2023, contained as Annexure No.1 & 2 to this petition. It is further prayed that this Hon'ble court may kindly be pleased to set aside the entire proceedings of Case No.2920/2023 (State versus Smt. Nanhi Devi @ Suman Devi) Crime No.304/2022, U/s 3/7 of E.C. Act, P.S. Pisawan, District - Sitapur, which is pending in the court of Additional Chief Judicial Magistrate, Sitapur."
3. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, her prayer for bail shall be considered and decided expeditiously in accordance with law. 6.
Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously, in accordance with law, if there is no other legal impediment. 7. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. 8. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 10.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench