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2025 DAILYLAW 82600 (ALL)

SHIVANGI v. STATE OF U.P. AND ANOTHER

NA528/29090/2025 · 2025-09-14

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29090 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 11.02.2020 and cognizance / summoning order dated 13.08.2020, of criminal case no. 1423 of 2020, arising out of NCR No. 110 of 2019, under Sections 323, 504 IPC, P.S. Khesarha, District Siddhartha Nagar, pending in the court of C.J.(JD)/ J.M., Basi, Siddhartha Nagar. 3. Learned counsel for the applicant has submitted that in the aforesaid case the non-cognizable report was lodged by opposite party No. 2 / informant against one Archana D/o Devkinandan and Golu @ Om Prakash and after investigation report under Section 173 Cr.P.C. has also been submitted against them. It was submitted that during pendency of the case it was found that there was no such lady by the name of Archana D/o Devkinandan at the relevant place. It was further submitted that the applicant is being harassed by the police that her name is Archana D/o Devkinandan, whereas name of applicant is Shivangi D/o Devkinandan. All the documents of identity of applicant are in the name of Shivangi D/o Devkinandan. Referring to these facts, it was submitted that applicant is being unnecessarily harassed in this case and even warrants have been issued against her and thus, impugned proceedings are liable to be Versus Counsel for Applicant(s) : Ashok Kumar Tripathi, Manoj Kumar Tripathi, Vinod Kumar Tirpathi Counsel for Opposite Party(s) : G.A. Shivangi .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) quashed. 4. Learned A.G.A. has opposed the application and argued that the applicant may raise her grievance before the trial court concerned regarding the identity dispute. 5. In view of the aforesaid, it is directed that in case applicant moves an application before the trial court concerned within a period of three weeks from today, raising her grievance regarding identity dispute of accused involved in the incident, the same shall be considered and decided by the trial court expeditiously in accordance with law. For a period of three weeks from today or in case such an application is filed within the aforesaid period, till the disposal of such application, no coercive action shall be taken against the applicant in the aforesaid case. 6. The application under Section 528 BNSS is disposed of in above terms. September 15, 2025 Anand NA528 No. 29090 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad