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2025 DAILYLAW 175374 (ALL)

SMT. USHA NIGAM v. STATE OF U.P. and OTHERS

A482/6140/2019 · 2025-11-27

Manoj Bajaj

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6140 of 2019 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the impugned order dated 11.7.2018 passed by Additional Sessions Judge, Court No.6, Lucknow in Criminal Appeal No. 85 of 2018, titled Smt. Usha Nigam Vs. State of U.P. and another, whereby the order dated 23.12.2017 dismissing his application under Section 340 Cr.P.C., passed by Civil Judge (J.D.), Lucknow in Case No. 112 of 2017, has been upheld. No one has appeared on behalf of applicant. Learned A.G.A. is present The order dated 30.11.2007 passed by this Court in Review Petition No. 332 of 2007 granting interim stay to one of the parties has been differently interpreted by the rival parties , and it led to the filing of application under Section 340 Cr.P.C. One of the parties pleaded that the interim stay till the next date of listing would mean that the interim order would continue till the petition is effectively taken up for hearing on a subsequent date, whereas other party interpreted that once the next date of listing is gone and order is not carried forward, the interim stay order would cease to operate. The trial court vide order dated 23.12.2017 proceeded to dismiss the application under Section 340 Cr.P.C. and the said order has been upheld in the appeal through the impugned order dated 11.7.2018. The reasoning given in the order dated 23.12.2017 is based upon proper appreciation of the material on record, and at least no case would made out for initiating the proceedings for alleged perjury. The said order is also upheld in the appeal Versus Counsel for Applicant(s) : Shiv Raj Mohan Nigam Counsel for Opposite Party(s) : Govt. Advocate Smt. Usha Nigam .....Applicant(s) State of U.P. and Others .....Opposite Party(s) as well, therefore, no case is made out for exercise of inherent powers under Section 482 Cr.P.C. The application is dismissed. (Manoj Bajaj,J.) November 27, 2025 P.S. Parihar A482 No. 6140 of 2019 2 Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench