ARCHANA SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/9835/2025 · 2025-12-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177047 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177047 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9835 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard. 2. This application has been filed with the following prayer:-
"To quash the entire criminal proceeding of the Criminal Case No. 39567 of 2022 as well as the cognizance/summoning order dated 29.09.2022 passed by Civil Judge (J.D.), F.T.C., District Sitapur; to quash the charge-sheet dated 15.08.2022 u/s 420, 467, 468, 471 I.P.C. arising out of Case Crime No. 56 of 2021 u/s 420, 467, 468, 471 I.P.C., Police Station- Rampur Mathura, District- Sitapur."
3. Learned counsel for the applicant submits that the applicant was falsely implicated in the present case. The charge-sheet was submitted by the Investigating Officer. Thereafter, the applicant was enlarged on bail by this Court vide order dated 19.10.2022 passed in Crl. Misc. Bail Application No. 11471 of 2022. He further submits that due to some personal problem, the applicant could not appear before learned trial Court and she also informed her counsel for moving exemption application, but the same was not moved properly, as a result, non bailable warrant was issued against her by learned trial Court on
20.01.2025. He also submits that the applicant, who is a lady, is ready to cooperate in the trial and she may not be victimized due to fault of her counsel, hence, indulgence of this Court is required. 4. Learned A.G.A. vehemently opposes the prayer of the applicant. Versus Counsel for Applicant(s) : Mohit Mishra Counsel for Opposite Party(s) : G.A. Archana Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
However, he does not dispute the fact that the applicant was enlarged on bail by means of the order dated 19.10.2022 passed by this Court. 5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the applicant was enlarged on bail by this Court. The order was passed by the trial Court on 20.01.2025 for issuance of summon against the applicant. It is apparent from the order- sheet that a cutting is mentioned on the word 'summon' by writing 'NBW'. The record reveals that no exemption application was filed by the applicant's counsel.
Therefore, the order dated 20.01.2025 and its consequential orders are quashed with the direction to the applicant to appear before the trial Court on the next fixed date and shall also cooperate in the trial. 6. With the above observations, the application is disposed of. 7. It is open to the applicant to move discharge application at the appropriate stage and in case such application is moved, same shall be considered and decided in accordance with law. December 10, 2025 Arpan A482 No. 9835 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench