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Neutral Citation No. - 2025:AHC:114327 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 24551 of 2025 Applicant :- Smt. Chandrawati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Maurya,Ram Raj Prajapati Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application has been filed for quashing of the proceedings of Case No. 2709 of 2004 (State Vs. Chandrawati) under Section 7/16 Prevention of Food Adulteration Act, Police Station Kotwali, District Shahjahanpur pending in the Court of Additional Chief Judicial Magistrate, Ist, District Shahjahanpur as well as to quash the non-bailable-warrants order dated 27.05.2015 and also the
order dated 03.08.2024 by which process under Section 82 Cr.P.C. has been issued.
3. On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.
4. This Court in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the proceedings as well as orders impugned is rejected.
5. At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned
therefore, some direction may be issued to the court concerned for
consideration of the bail prayer of the applicant.
6. As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing
consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.
7. With the aforesaid observations, the application is disposed off.
Order Date :- 15.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad