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Neutral Citation No. - 2025:AHC:37028 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8407 of 2025 Applicant :- Smt. Soni Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant as well as Sri Muniraj Mehrotra, for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the summoning order dated 17.3.2023 in Complaint Case No.62 of 2020, Anshu vs. Sunil Kumar and others, under Sections 498A, 323, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station Kotwali Ajeetmal, District Auraiya, pending in the Court of learned Additional Chief Judicial Magistrate, Auraiya. 3. Learned counsel for the applicant has submitted that a complaint stood lodged against the applicant, who happens to be the Nanad and others, under Section 156 of the Cr.P.C. relatable to the commission of the offences under Sections 498A, 323, 506 IPC read with Section 3/4 of the D.P. Act. He further submits that only general allegations have been sought to be levelled without there being any specific allegations and further the applicant is working as a Shiksha Mitra and she has three children. He also submits that the applicant has been falsely implicated and roped in and she is innocent. 4. Learned AGA on the other hand submits that from the narration of the allegation contained in the complaint case, it is clear that the specific role has been assigned to the applicant for demand of dowry and administered beating and further there happens to be the injury report dated 20.8.2020 of the injuries sought to be sustained by the injured on 18.8.2020. According to him, there is nothing on record to substantiate barring the fact that the applicant is the mother of three children and she is working as Shiksha Mitra that she is living separately. 5. Having heard the arguments so sought to be made across the bar in the opinion of the Court factual issues cannot be gone into at this stage particularly when the trial is not commenced.
As matter of fact, there happens to be a specific allegations against the applicant for demand of dowry and further there are also happens to be the injuries and so far as the theory sought to be propounded that the applicant has not committed any offence is concerned, the same cannot be gone into in the back ground of the fact that the issue relatable to separate living cannot be gone into in absence of any documents on record. Merely, the fact that the applicant is working as Shiksha Mitra, would not be a ground for interfere. Thus, interference is declined and the application is rejected. 6. Learned counsel for the applicant seeks direction for bail. 7. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 17.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad