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2025 DAILYLAW 161147 (ALL)

SMT. PUSHPA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NA528/1113/2025 · 2025-09-04

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1113 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Heard learned counsel for the applicant and learned A.G.A for the State. The applicant has prayed for quashment of the summoning order dated 27.05.2025 passed by learned Chief Judicial Magistrate, Lucknow in Criminal Case No. 55319 of 2025 on the basis of the charge-sheet filed by the Investigating Officer dated 10.05.2025 in Case Crime No. 0528/2024, under Sections 80(2), 85 B.N.S. and Section ¾ Dowry Prohibition Act, Police Station Sarojani Nagar, Lucknow. Learned A.G.A. contends that the F.I.R. identifies the applicant as one of the principal offenders, who had demanded dowry from the deceased and had also tortured her mentally and physically. The statement of the doctor, as appended to the 482 application, discloses the cause of death as asphyxia due to ante- mortem hanging. The post-mortem report is not in the record. Versus Counsel for Applicant(s) : Km. Neelam Singh Counsel for Opposite Party(s) : G.A. Smt. Pushpa Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) A prima facie, offence is disclosed against the applicant. The submission of learned counsel for the applicant is that the applicant is not depicted in video recording is a defence in a triable case and cannot be adjudicated in an application under Section 482 Cr.P.C The application under Section 482 Cr.P.C. is dismissed. September 4, 2025 Arvind NA528 No. 1113 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench