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2026 DAILYLAW 4926 (ALL)

SMT SAVITRI DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34894/2026 · 2026-09-08

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34894 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Chandra Prakash Tiwari, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and to quash the impugned cognizance order dated 13.07.2022 passed by learned Chief Judicial Magistrate, Farrukhabad and impugned charge sheet dated 22.12.2021, in Case Crime No. 591 of 2021, under Sections 323, 504, 506, 352, 324 Indian Penal Code, 1860, P.S.-Fatehgarh, District-Farrukhabad and to stay further proceedings of the aforesaid Case Crime. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and make an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving Versus Counsel for Applicant(s) : Chandra Prakash Tiwari, Sanjeev Bajpai Counsel for Opposite Party(s) : G.A. Smt Savitri Devi And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) opportunity to the other side. 6. Further, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 9, 2026 Shivani Sri. NA528 No. 34894 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad