MEERA DEVI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3998/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139689 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139689 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28628 Court No. - 29 Case :- APPLICATION U/S 482 No. - 3998 of 2025 Applicant :- Meera Devi And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ripu Daman Shahi,Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed for quashing the impugned summoning order dated 15.6.2022 passed by Judicial Magistrate, Bahraich in Case No.13708/2022 & Charge Sheet No.A 146/2022 dated 31.5.2022 arising out of Case Crime No.130/2022 under Sections 147, 148, 149, 323, 324, 452, 506 I.P.C. Police Station Vishesharganj, District Bahraich (State Vs. Meera Devi and others).
Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicants submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly.
Order Date :- 15.5.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench