SHANTI DEVI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER
/10162/2025 · 2025-12-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187507 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187507 (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. - 10162 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard Sri Vinod Kumar, the learned counsel for the applicant and learned AGA for the State of U.P. as well as perused the record. 2. The instant application has been preferred seeking following main relief(s):-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned B.W. order dated 13.11.2025, passed by ACJM Ist Ayodhya in Case No. 10/2023, State Versus Shanti Devi arising out of F.I.R. No.19/2022, Under Section-3/7 E.C. Act, Police Station-Kumarganj, District- Ayodhya, which is contained as Annexure No.01 to this petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation of impugned order dated 13.11.2025, State Versus Shanti Devi passed by ACJM Ist Ayodhya in Case No. 10/2023 arising out of F.I.R. No. 19/2022, Under Section 3/7 E.C. Act, Police Station- Kumarganj, District- Ayodhya, during pendency of the present petition in the interest of justice."
3. For the purposes of disposal of instant application, this Court took note of the following facts:- (i) The applicant/Shanti Devi had earlier approached this Court by means of Application U/S No. 9388 of 2023 (Shanti Devi vs. State of U.P. and another), which was disposed of vide order dated 26.09.2023 in following terms:-
"On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in Versus Counsel for Applicant(s) : Vinod Kumar Counsel for Opposite Party(s) : G.A. Shanti Devi .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And Another .....Opposite Party(s)
the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge through her counsel taking therein all the pleas factual and legal which may be available to her, in accordance with law. In case, such an application is moved before the trial court, trial the court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
The application is disposed off accordingly." (ii) After the aforesaid, the applicant preferred an application registered as Case No. 10/2023 (State vs. Shanti Devi), arising out of Case Crime No. 19/2022, under Section- 3/7 Essential Commodities Act, 1955, Police Station- Kumarganj, Distict- Ayodhya before the Magistrate concerned namely Additional Chief Judicial Magistrate-Ist, Ayodhya and the same has been rejected by the Magistrate concerned vide order dated
30.11.2023. (iii) Thereafter, challenging the order dated 30.11.2023, the applicant again approached this Court by means of Application U/S 482 No. 11373 of 2024, which is pending consideration. 4. Upon due consideration of the aforesaid, this Court is not inclined to interfere in the order dated 13.11.2025 passed by the Magistrate concerned, whereby the Magistrate directed to issue Bailable Warrant for ensuring presence of the applicant in the criminal proceedings in issue arising out of Case Crime No. 19/2022, detailed above. 5. The instant application is accordingly dismissed. December 4, 2025 Arun/- A482 No. 10162 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench