PRATIKSHA YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3890/2025 · 2025-02-07
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15251 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15251 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18162 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3890 of 2025 Applicant :- Pratiksha Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Mr. Sushil Kumar Pandey learned counsel for the applicants, Mr G.P. Gupta, learned A.G.A. for the State- respondents and perused the material brought on the record. 2. This is an application under section 482 Code of Criminal Procedure Act filed for the quashing of the impugned order 9.1.2025 passed by the learned Additional Sessions Judge, Court No.3/Special Judge (D.D.A.), Farrukhabad in Misc. Case No.58/11/2019 (State Vs. Moni Yadav) by which the final report has been rejected and summing has been issued under sections 323, 328, 364, 392 and Section 34 I.P.C., Police Station- Kotwali Farrukhabad, District- Fatehgarh. 3. Learned counsel for the applicants has argued that so far as the narration contained in the impugned First Information Report are concerned as alleged by the opposite parties' concerned, the same are totally false as at no point of time, either any beating was administered or even otherwise she was abducted or administered any incriminating material so as to make her unconscious in that regard. He further submits that opposite party No.2.had developed relations with the husband of the applicant No. 1 and even otherwise there is a statement of the Commandant who was stationed at the Mathura that opposite party No. 2 was pretty alright and did not sustain any injuries and she was in comfortable conditions. Lastly, learned counsel for the applicants submits that applicants shall prefer an appropriate bail application and the same may be considered in view of the mandate given by Hon'ble the Apex court in Special Leave to Appeal No. 5191 of 2021 Satender Kumar Antil Vs. Central Bureau of Investigation & Another, 2021 (4)RCR(Criminal)421. as well as taking note to the provisions enshrined in Section 437(a) of the Cr.P.C.
4. Learned A.G.A, on the other hand, submits that issues which the
applicants seek to raise in the present application centers around factual issues particularly, in view of the fact that same are subject matter of trial and the trial in the instant matter has yet not commenced. 5. I have heard the learned counsel for the parties and perused the record. 6.
In the opinion of the Court, the contentions sought to be raised by the learned counsel for the applicants being factual and amounting to defenses which stage is not yet arrived and further in absence of pointing out of any jurisdictional error committed by the Court below, this Court inclined to interfere in the present matter. 7. Accordingly, the application stands consigned to record. 8. Needless to point out that once the appropriate application is being filed seeking bail in the light of the above noted contentions then the same shall be considered with utmost expedition and strictly in accordance of law of the land without unnecessary delay Order Date :- 7.2.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad