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2025 DAILYLAW 65502 (ALL)

SMT. ANJALI RAJPOOT @ GEETANJALI RAJPOOT v. STATE OF U.P. AND ANOTHER

NA528/19921/2025 · 2025-07-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106681 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19921 of 2025 Applicant :- Smt. Anjali Rajpoot @ Geetanjali Rajpoot Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurang Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the order dated 11.12.2024 passed under Section 227 Cr.P.C. in S.T. no. 387 of 2023 (State vs. Smt. Anjali & others) arising out of Case Crime no. 655 of 2023, under sections 307, 120-B IPC, 3/25 Arms Act, PS- Kotwali Orai, District Jalaun pending before learned court of Additional Session Judge/Special Judge (E.C. Act) Jalaun at Orai and also be pleased to discharge the applicant from the aforesaid offence. 3. While assailing the impugned order dated 11.12.2024, whereby discharge application preferred at the behest of applicant has been rejected, learned counsel for applicant contended that the same has been passed in arbitrary manner. Applicant is wife of injured. She has not been named in the FIR. Her name surfaced in the confessional statement of co-accused. Except extra judicial confessional statement of co-accused, there is no evidence against applicant on record and as such impugned order dated 11.12.2024 is liable to be set aside and quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. I have considered the rival submissions and have gone through the entire record. 6. From perusal of the records, it transpires that learned trial court while rejecting the discharge application of applicant rightly exercised the authority as mandated under Section 227 Cr.P.C that while considering discharge application only this aspect has to be considered whether there is sufficient ground to proceed against the accused or not? It is apparent that the discharge application preferred on behalf of applicant has been rejected after considering the entire material and evidence on records and it has been observed by learned trial court that on the basis of perusal of records, prima facie offence is made out against the applicant. 7. Looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant and as such no cause of action survives in favour of applicant to pursue the instant application. I do not find any infirmity in the impugned order dated 11.12.2024. 8. The instant application lacks merit and is accordingly dismissed. Order Date :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad