SMT. SEEMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27874/2016 · 2025-09-18
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13832 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13832 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 27874 of 2016 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. This application under section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Criminal Case No. 2897 of 2016 in pursuance of Charge Sheet No. 237 of 2016 dated 16.05.2016 (arising out of case crime no. 587 of 2015) under Sections 420, 467, 468, 471, 120-B of IPC, P.S. Vijay Nagar, District Ghaziabad, pending in the court of A.C.J.M., Court No. 2, Ghaziabad. 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 applications for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. Versus Counsel for Applicant(s) : Rajesh Kumar, Ramesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Smt. Seema And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 19, 2025 Nisha A482 No. 27874 of 2016 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad