SHOBHA DEVI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/31081/2025 · 2025-08-21
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83484 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83484 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144710 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 31081 of 2025 Applicant :- Shobha Devi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Charlie Prakash,Kamal Krishna Roy Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application is filed with the following prayer:
"It is, therefore, Most Respectfully prayed That on the facts and circumstances stated above, it is expedient in the interest of Justice that this Hon'ble Court may under section 498A, 323, 504, 506, 3/4 D.P. Act District-Ballia at P.S. Bairia, District Ballia pending before the Court of Learned Chief Judicial Magistrate, Ballia. And further stay the further proceeding in case crime no. 141 of 2022, State Vs. Shoba Devi and others under section 498A, 323, 504, 506, 3/4 D.P. Act District-Ballia at P.S. Bairia, District Ballia during pendency of the present application before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury. And/or to pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. A perusal of the prayer clause shows that there is no prayer for quashing of the proceedings. The prayer is wholly vague in nature. 4. Upon being confronted with the aforesaid situation, learned counsel for the applicants submits that he has filed supplementary affidavit. 5. Supplementary affidavit is not acceptable as the prayer in the present application is required to be amended and no amendment application is filed in this respect. 6. It is seen that Registry is allowing filing of the supplementary
affidavit for amendment in the prayer clause. Without there being any proper amendment application such a procedure is not acceptable as the Registry is required to either get the prayer amended through an amendment application or if supplementary affidavit is accepted in respect of correction prior to registering the case then consequential correction is required to be incorporated at correct place. 7. The present application u/s 528 BNSS is, accordingly, dismissed with liberty to the applicants to file a fresh application. 8. Registry is directed to return the certified copies of the documents, if any, to the learned counsel for the applicants upon retain its photocopies on record.
Order Date :- 22.8.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad