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2025 DAILYLAW 188150 (ALL)

SMT NEERAJ DEVI v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME GOVERNMENT OF U.P. AT LUCKNOW AND ANOTHER

NA528/35730/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35730 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the charge-sheet dated 12.03.2025, cognizance order dated 01.04.2025 as well as entire proceeding in S.S.T. No.53 of 2025 arising out of Case Crime No.28 of 2025, under Sections 131, 352, 351(2) B.N.S. & Section 3(2)(Va), 3(1)(r), 3(1)(s) SC/ST Act, P.S.Bichhawa, District Mainpuri pending in the court of Special Judge, POCSO Act, Mainpuri. 3. On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant. 5. Accordingly the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Versus Counsel for Applicant(s) : Rajesh Pratap Singh Counsel for Opposite Party(s) : G.A. Smt Neeraj Devi .....Applicant(s) State Of U.P. Through Principal Secretary Home Government Of U.P. At Lucknow And Another .....Opposite Party(s) Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against her. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. October 29, 2025 SKD NA528 No. 35730 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad