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2025 DAILYLAW 173338 (ALL)

RAJKUMARI MAURYA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

CRLR/1371/2025 · 2025-11-25

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1371 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record. The instant criminal revision under section 397/401 Cr.p.c. read with akin Sections 438/442 BNSS against the order dated 10.11.2025 passed by learned Additional Chief Judicial Magistrate, Lalganj, Pratapgarh in Complaint no.561/2025 (Krishna Singh versus Jhari Ram Verma & others) under Sections 419, 420, 467, 468, 471 IPC Police Station Lalganj, District Pratapgarh, whereby the application for discharge moved by the revisionist has been rejected and the revisionist has been directed to obtain bail in terms of bailable warrant issued earlier. Learned counsel for the revisionist submits that there is managerial dispute between the revisionist and respondent no.2 in regard to Chandrika Shiksha Ashram, Lilapur ,Sahabganj, Pratapgarh which is registered under the Society Registration Act. The revisionist had filed discharge application before the court below in pursuant of the direction issued by this Court passed in Case:- U/S 482/378/407 No. 3408 of 2011, but learned court below has dismissed the discharge application summarily on the ground that one of the accused Jhri Ram, who moved discharge application under Section 245(1) Cr.P.C. has already died and other applicant Raj Kumari Maurya has not obtained bail from the court. She should have filed discharge application at appropriate stage in terms Versus Counsel for Revisionist(s) : Manjeet Singh Counsel for Opposite Party(s) : G.A. Rajkumari Maurya .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) of the order dated 26.02.2020. It is not clarified that in which case Apex Court have issued directions as stated in the order. The case is based on document but no documentary evidence has been collected against the revisionist during investigation. Discharge application has been rejected summarily mainly on the ground that revisionist has not taken bail from competent court. In view of above, the impugned order is set aside. The revision is hereby disposed of with direction to the court below that discharge application of the revisionist will be decided afresh through counsel within two months from the date of production of certified copy of this Court on merits and till disposal of the discharge application within this period her personal appearance or bail shall not be insisted. In case of dismissal of discharge application, she will have to seek bail in accordance with law. The coercive process issued against the revisionist, if any, shall remain stayed in the meanwhile. November 25, 2025 dk/ CRLR No. 1371 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench