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2025 DAILYLAW 132652 (ALL)

SANGEETA GAUTAM v. STATE OFU.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHERS

A482/3028/2025 · 2025-04-15

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21056 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3028 of 2025 Applicant :- Sangeeta Gautam Opposite Party :- State Ofu.P. Thru. Prin. Secy. Home Lko. And Anothers Counsel for Applicant :- Anupam Bajpai,Puneet Kumar Srivastava,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 20.12.2023, issued by Special Chief Judicial Magistrate, Lucknow, in Criminal Case No. 144652 of 2023 (State Vs. Sheelu & Others, arising out of Case Crime No. 24 of 2023, under Section 419, 420 IPC, Police Station Banthra, District Lucknow as well as impugned charge sheet No. 01 of 2023, dated 30.5.2023, along with entire criminal proceedings of the aforesaid case pending before the learned Special Chief Judicial Magistrate, Custom, Lucknow as contained in Annexure No. 1 and 2 tho this petition only in respect of the applicant in the interest of justice. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Per contra learned A.G.A. submitted that 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 applicant. The submissions made by the counsel for the applicant relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. The submissions made by learned A.G.A. have force. The prayer for quashing the proceedings is refused. With the aforesaid observations, the application is rejected. Order Date :- 15.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench