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2025 DAILYLAW 160224 (ALL)

ASHA DEVI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS

CRLA/2708/2025 · 2025-08-29

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2708 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant criminal appeal under Section 14-A(1) of SC/ST Act has been filed with the prayer to quash the chargesheet No. 01 dated 14.02.2025 and summoning order dated 23.04.2025 passed by learned Special Judge SC/ST Act, Gonda in ST No. 470 of 2025; State Vs. Asha Devi and another, arising out of Case Crime No. 930 of 2024, under Sections 352 of BNS, 2023 and Secation 3(1)(Dha) of SC/ST Act, Police Station Kotwali Nagar, District Gonda. Learned counsel appearing for the appellants submits that there is no evidence at all against the applicants and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated. He added that the criminal proceedings against the present appellants are nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contentions 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 and thus, the appeal is liable to be dismissed. Versus Counsel for Appellant(s) : Raj Karan Singh Counsel for Respondent(s) : G.A. Asha Devi And Another .....Appellant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others .....Respondent(s) After arguing at some length, learned counsel for the appellants submits that interest of justice would be sub-served, if this Court directs the court below to permit the appellants to appear before the court below and file an application for 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 appearing for the State has no objection to the aforesaid submissions. In view of aforesaid, the appellants are 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 instant appeal is disposed of. August 29, 2025 kkv/ CRLA No. 2708 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench