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2025 DAILYLAW 177807 (ALL)

Salma Begum and another v. State of U.P. thru Principal Sec. Home and another

A482/9088/2025 · 2025-10-30

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9088 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet bearing No. 01 dated 05.07.2023 as well as cognizance order dated 08.08.2024 under Sections 323, 504, 506 I.P.C., Police Station Deeh District Raebareli submitted in Case Crime No. 202/2023 in Criminal Case No. 14441/2024: State Vs. Salma Begum and others, which are pending before the Additional Chief Judicial Magistrate 3rd, District Raebareli.. Learned counsel appearing for the applicants submits that there is no evidence at all against the applicants and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated. He added that the criminal proceedings against the present applicants are nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated 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 arguing at some length, learned counsel for the applicants submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicants to appear before the court below and file an application for discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA appearing for the State has no objection to the aforesaid submissions. In view of aforesaid, the applicants are permitted to file an application for discharge through counsel before the court below within a period of two weeks from today and if such an application is filed, the same shall be considered and decided within a further period of one month, strictly in accordance with law. With the aforesaid observation, the application is disposed of. October 30, 2025 Arvind Versus Counsel for Applicant(s) : Praveen Kumar Tripathi Counsel for Opposite Party(s) : G.A. (Pramod Kumar Srivastava,J.) Salma Begum And Another .....Applicant(s) State Of U.P. Thru Principal Sec. Home And Another .....Opposite Party(s) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench