NISHA SINGH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER
A482/5217/2025 · 2025-07-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146717 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146717 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36963 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5217 of 2025 Applicant :- Nisha Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Jagdeshwar Prasad Yadav,Mukesh Kumar,Priyanka Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Priyanka Gupta, the learned counsel for the applicant as well as Sri Vishnu Kumar Verma, the learned State Counsel and perused the record.
2. By means of the present application under Section 482 Cr.P.C. (528 BNSS), the applicant has challenged the validity of an order dated 14.05.2025 passed by the learned Additional District & Sessions Judge, Court no.18, Lucknow, in Crl. Case no.198 of 2022 whereby an Application under Section 379 BNSS filed by the applicant has been rejected.
3. The trial Court has held that there is a dispute between the parties regarding a family property due to which personal allegations have been levelled by both the parties against each other. Trial of the allegations is still pending and correctness of the allegations is yet to be ascertained by the Court.
4. For initiating proceedings under Section 379 BNSS, the person should have consciously made a deliberate statement, which is found to be false on the basis of unimpeachable evidence. Further, the court concerned has to consider whether it would be expedient in the interest of justice to sanction such prosecution. The court has to see whether there is evidence in support of the allegation to justify the initiation of proceedings against the applicant. The court should be satisfied that there is reasonable foundation for the charge.
5. In these circumstances, the making of contradictory allegations by the parties does not make out a case for initiating proceedings under Section 379 BNSS.
6. I find no illegality in the view taken by the trial Court in the impugned order dated 14.05.2025 warranting exercise of inherent powers of this Court under Section 528 BNSS, the application lacks merit and the same is dismissed. . (Subhash Vidyarthi,J.) Order Date :- 1.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench