SMT. SUMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
/8514/2024 · 2025-01-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160664 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2226 Court No. - 12 Case :- APPLICATION U/S 482 No. - 8514 of 2024 Applicant :- Smt. Suman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Madhulika Yadav,Anubhav Yadav,Devendra Kumar Singh,Shyam Sundar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that the impugned order dated 10.07.2024 passed by Additional Session Judge Court No.2 Pratapgarh in crime no. 163/2023 namely Suman versus State of U.P. and others contained as Annexure No. 1 be quashed. The petitioner is also challenging summoning order dated 13.12.2022 passed by Learned Chief Judicial Magistrate Pratapgarh in case No. 1960/2022 contained as Annexure No. 2 along with the chargsheet dated 26.11.2022 filed in crime no. 433/2022 under section- 406 Indian Penal Code and ¼ Dowry Prohibition Act, Police Station- Kotwali Nagar, District- Pratapgarh contained as Annexure No. 3 may kindly be quashed up to the extent of the petitioner in the interest of justice. It is further prayed that till the pendency of the present Application under section 528 Bharatiya Nagarik Suraksha Sanhita/under section 482 Criminal Procedure Code all the further proceeding of crime no. 433/2022 under section- 406 Indian Penal Code and ¼ Dowry Prohibition Act, Police Station- Kotwali Nagar, District- Pratapgarh may kindly be stayed up to the extent of the petitioner during the pendency of the present petition."
3. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Keeping in view the aforesaid, the present application is
disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, her prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.
7. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench