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2025 DAILYLAW 161111 (ALL)

PRIYANKA GAUTAM @ PRIYANKA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND ANOTHER

A482/7213/2025 · 2025-09-01

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7213 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant,learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the summoning order dated 05/04/2025 passed by the Court of Chief Magistrate Lucknow, in Criminal Case No. 38456/2025 "State Versus Mahadev Pandurang Jadhav and others" where present petitioner/applicant has been summoned under section 420 of Indian Penal Code, and Charge sheet filed by the Investigating Officer in Case Crime No. 450/2023, Police Station- Sushant Golf City, District Lucknow. It is argued by the learned counsel for the applicant that the applicant was never involved in committing any offence and he has drawn attention of this court towards the statement of one of the accused person, namely, Managing Director of Rehan Enterprises, Lucknow and submitted that the Managing Director, himself has admitted the fact that he has committed the offence and while taking the money from the opposite party no. 2/informant, has utilized the same in his favour. Thus, submission is that the applicant is in no way involved and the criminal proceedings initiated against her are the abuse of process of law and thus, the same may be quashed. Versus Counsel for Applicant(s) : Dinesh Chandra Singh Counsel for Opposite Party(s) : G.A. Priyanka Gautam @ Priyanka Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another .....Opposite Party(s) Learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the statement of an accused, cannot be examined at this stage as the same would amount to mini trail. Considering the submissions of learned counsel for the parties, particularly, the statement of the accused, the matter is hereby remitted back to the learned trial court concerned and the applicant is given liberty to move discharge application within a period of 7 days and if such application is moved, the learned trial court is directed to consider and decide the same within further period of 30 days. For the aforesaid period only, the applicant shall not be arrested in pursuance of Case Crime No. 450/2023. With the aforesaid observations, the instant application is disposed of. September 1, 2025 AKS A482 No. 7213 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench