SMT. PUSHPA DEVI @ PUSHPA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1857/2025 · 2025-12-11
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179776 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179776 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1857 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the order dated 16.10.2025 in Criminal Case No.55319 of 2025 in Case Crime No.0528 of 2024 under Section 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station - Sarojini Nagar, District - Lucknow. 3. Learned counsel for the applicant submits that case was committed in relation to the applicant without providing copies of the relevant papers in accordance with the Section 230 of B.N.S.S. He further submits that order sheet itself reveals that copies of the documents were provided only to co-accused, Nikhil Tiwari on
23.6.2025. He also submits that applicant also wants to file certain documents before the Magistrate in accordance with the proviso of Section 230 of B.N.S.S. and it can only be filed after seeing the police papers, therefore, indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant but he does not dispute on the basis of order sheet annexed with the application that the copy of documents were only provided to accused, Nikhil Tiwari and he has no objection, in case, the proceedings of order dated 16.10.2025 is quashed with the direction to the learned Versus Counsel for Applicant(s) : Km. Neelam Singh Counsel for Opposite Party(s) : G.A. Smt. Pushpa Devi @ Pushpa .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Magistrate to hand over the documents in accordance with the proviso of Section 230 of B.NS.S.
5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant material, order sheet reveals that document was provided to the co- accused Nikhil Tiwari, thereafter, case was committed to court of Sessions on 16.10.2025 without providing document to the applicant, therefore, committal order dated 16.10.2025 is liable to be set aside. 6. In view of the discussions made hereinabove, the present application is allowed and order dated 16.10.2025 is hereby quashed. 7. Learned Sessions Judge, Lucknow is directed to transmit the record to the learned Magistrate concerned. 8.
Learned Magistrate concerned is directed to ensure that the documents be also provided to the applicant forthwith and thereafter, appropriate committal order be passed, in accordance with the law. 9. Learned counsel for the applicant undertakes that applicant will not take any adjournment. December 11, 2025 GauraV/- NA528 No. 1857 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench