SMT. PUSHPA IN FIR MENTIONED AS PHOOLKALI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
/6453/2025 · 2025-08-13
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156097 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156097 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47483 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6453 of 2025 Applicant :- Smt. Pushpa In Fir Mentioned As Phoolkali Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Saurabh Kumar 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 under section 482 Cr.P.C. has been filed by the applicant for quashing the summoning order dated 12.2.2004 passed in Criminal Case No.497 of 2004 (State Vs. Phoolkali) pending before Chief Judicial Magistrate, Room No.16, Sultanpur as well as charge sheet dated 26.12.2003 submitted in Case Crime No.151 of 2003 under Sections 323, 504, 506, 307, 379, 427, 452 of I.P.C. and 7 of Criminal Law Amendment Act, related to Police Station Lambhua, District Sultanpur. He further prayed to quash the non bailable warrant issued against the applicant vide order dated 2.7.2025 issued by the court below so far it relates to the applicant. It is further submitted that non-appearance before the court below is not deliberate but it had happened due to unavoidable circumstances. Learned counsel for the applicant submits that the applicant undertakes that he will not further jump the conditions of bail and will remain present on each and every date fixed by the court below.
Learned counsel further undertakes that the applicant will appear before the court below within a period of fifteen days and apply for bail and if such bail application is applied, the same shall be considered and decided in the light of the Judgment and order rendered by the Apex Court rendered in Musheer Alam Vs. State of Uttar Pradesh, reported in 2025 (1)RCR (Criminal) 779 expeditiously. In view of the aforesaid submissions, for the period of fifteen days only, non bailable warrant dated 2.7.2025 issued against the applicant shall remain stayed. However, if the applicant does not appear before the court below within the aforesaid period, this order shall stand revoked and no benefit of this order shall accrue to him. The application is disposed off.
Order Date :- 13.8.2025/Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench