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2025 DAILYLAW 163612 (ALL)

GEETA DEVI v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/7619/2025 · 2025-09-10

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7619 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 record. The instant application has been filed with the prayer to quash the impugned charge sheet dated 23.8.2024 arising out of Case Crime No.109 of 2024 under Sections 498-A, 306, 506, 201 I.P.C. Police Station Antu, District Pratapgarh as well as cognizance/summoning order dated 4.9.2024 passed by the learned Additional Civil Judge (Junior Division), Court No.25, Pratapgarh in Criminal Case No.33755/2024, State Vs. Geeta Devi, including entire proceeding thereof. Learned counsel for the applicant submits that the applicant is not involved in committing the offence and the story narrated in the F.I.R. is concocted and frivolous. He added that the criminal proceedings against the present applicant is nothing but harassment. On the other hand, learned A.G.A. for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed. After the argument at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below Versus Counsel for Applicant(s) : Manjeet Singh, Amrendra Bakhsha Das Counsel for Opposite Party(s) : G.A. Geeta Devi .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) to permit the applicant to appear before the trial court and file an application of discharge. He further submits that the trial court may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of seven days from today and if such an application is filed, the same shall be decided within a further period of 60 days, strictly in accordance with law. With the aforesaid observation, the application is disposed off. September 10, 2025 Ram Murti A482 No. 7619 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- SHREE PRAKASH SINGH High Court of Judicature at Allahabad, Lucknow Bench