POOJA DEVI @ POOJA KORI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
/841/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153983 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45228 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 841 of 2025 Applicant :- Pooja Devi @ Pooja Kori Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Ajai Kumar Shukla,Nisha Devi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to set aside the impugned Chargesheet No. 01/2025 dated 26-04-2025 filed by opposite party no. 4 in Case Crime No.0115/2025, under section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religious Act, 2021 and u/s 351(3) of the B.N.S., Police Station-Lalganj, District- Pratapgarh as well as cognizance and summoning
order
dated
21-05-2025
alongwith
its subsequential order of NBW dated 16-06-2025 and all subsequent proceedings arising therefrom.
Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed. After arguing at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicant to appear before the court
below and file an application of discharge. He further submits that the court below may be
directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be considered and decided within a further period of 30 days, strictly in accordance with law. With the aforesaid observation, the application is
disposed of.
Order Date :- 5.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench