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2025 DAILYLAW 141561 (ALL)

AMRITA KHARE AND ANOTHER v. STATE OF U.P. THROU. INVESTIGATING OFFICER AND OTHERS

A482/4819/2015 · 2025-04-17

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21737 Court No. - 16 Case :- APPLICATION U/S 482 No. - 4819 of 2015 Applicant :- Amrita Khare And Another Opposite Party :- State Of U.P. Throu. Investigating Officer And Others Counsel for Applicant :- Janardan Prasad Counsel for Opposite Party :- Govt. Advocate,Shailendra Pratap Singh 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 Charge-sheet No. 273/2005 dated 22.12.2005 field in Criminal Case No. 2620/2006, Crime No. 701/2005, under Sections 323, 504, 506 IPC, P.S. Hazratganj, Lucknow with order of cognizance taken by C.J.M., Lucknow dated 10.2.2006 pending in the court of C.J.M., Lucknow The contention of the counsel for the applicants is that no offence against the applicants 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 their 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 applicants. The submissions made by the counsel for the applicants 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. 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 with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam Vs. State of Uttar Pradesh & Anr. 2025 SCC OnLine SC 116, 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 17.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench