Neutral Citation No. - 2025:AHC:76525 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37482 of 2024 Applicant :- Nisha Kumari Goud Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhas Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Subhash Kumar, learned counsel for the applicant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the further proceeding of Criminal Case No.1255 of 2019 (State Vs. Nish Kumari Goud) and also cognizance order dated 28.06.2019 under Sections 420, 467, 468, 471, 406 I.P.C. passed by Learned Chief Judicial Magistrate, Jhansi in Criminal Case No. 1255 of 2019 (State Vs. Nisha Kumar Goud), which is still pending against the applicant in the Court of Learned Chief Judicial Magistrate, Jhansi, arising out of Case Crime No. 0456 of 2016 registered under sections- 420 & 406 I.P.C. at Police-Station- Kotwali, District Jhansi. 3. Allegation in FIR against the applicant is that applicant is a student. It is admitted case that Rs.6 lacs has been transferred in the account of applicant. I.O. submitted charge sheet against the applicant by supplementary charge sheet. Cognizance taken on 28.06.2019. Applicant challenged the FIR by way of filing Criminal Misc. Writ Petition bearing No.19435 of 2018 before this Hon'ble Court and the Hon'ble Court vide order dated 23.07.2018, stayed the arrest of the applicant till submission of police report U/s 173(2) Cr.P.C. The contention of learned counsel for the applicant is that all allegation in FIR is false and baseless and not supported by any evidence. No case under the alleged sections is made out. Cognizance/summoning by learned Magistrate, is without application of judicial mind and abuse of process of law. 4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage, as such, no interference is warranted. 5. The prayer for quashing the entire proceedings, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused. 6. However, if applicant moves discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application. 7. For the period of three weeks from today or till the time of filing of discharge application, whichever is earlier, no coercive action shall be taken against the applicant. 8. With the above directions, this 482 application is disposed of. Order Date :- 12.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad