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2025 DAILYLAW 163380 (ALL)

MAYAWATI DEVI @ MAYA ANAND GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7522/2025 · 2025-09-09

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7522 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 843 of 2021 "State Versus Maya Anand" arising out of Case Crime No. 0040 of 2021 Under Sections 332,506 I.P.C and U/s-26,63 of the Indian forest act-1927 Police Station-Kursi, District- Barabanki pending in the Court of Additional Chief Judicial Magistrate, Court No. 16 District- Barabanki and impugned summoning order dated 2.8.2021 as well as impugned charge sheet dated 23.3.2021 contained in Annexure No.1 and 2 to the accompanying affidavit so far it relates to the applicant/petitioner, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the Criminal Case No. 843 of 2021 "State Versus Maya Anand" arising out of Case Crime No. 0040 of 2021 Under Sections 332,506 I.P.C and U/s- 26,63 of the Indian forest act-1927 Police Station-Kursi, District-Barabanki pending in the Court of Additional Chief Judicial Magistrate, Court No. 16 District-Barabanki so far it relates to the applicant/petitioner, in the interest of justice." 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report. 4. At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment Versus Counsel for Applicant(s) : Rajeev Gupta, Sarvesh Kumar Verma Counsel for Opposite Party(s) : G.A. Mayawati Devi @ Maya Anand Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8. The application is disposed off accordingly. September 9, 2025 Mohd. Sharif A482 No. 7522 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench