Partly allowed

Smt. Babita and 9 Others v. State of U.P. and Another

Allahabad HC11 Oct 2022A227/5853/2022

Case brief

AI extract

What is this about?

In a special leave/small matter under Article 227/Administering justice under Section 482 Cr.P.C., the Single Judge refused the request to quash criminal proceedings. It directed the petitioners to file for discharge within 15 days and disposed of the petition subject to this condition, vacating the order if no application is filed.

What did the court decide?

The petition is disposed off conditionally. Directions issued to file for discharge within 15 days; order to be vacated if not filed.

Smt. Babita and 9 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- MATTERS UNDER ARTICLE 227 No. - 5853 of 2022

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Petitioner :- Smt. Babita And 9 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashutosh Singh Counsel for Respondent :- G.A.,Kripa Shanker Mishra

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State as well as learned counsel appearing for the opposite party no.2.

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The present application under Section 482 Cr.P.C., has been filed to set aside the impugned summoning orders dated 18.10.2018 passed by the C.J.M, Saharanpur in Complaint Case No. 18285 of 2015 (Rajpal Singh Versus Bhopal Singh and others) as well ass the order dted 02.04.2022 passed by Additional Sessions Judge, Court No.1, Saharnpur in Criminal Revision No. 399 of 2018 (Bhopal Versus State and another).

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The contention of the counsel for the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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The disputed defence of the accused cannot be considered at this stage. Moreover, the petitioners have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

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After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused.

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At this stage, learned counsel for the petitioners submits that he may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.

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However, it is provided that in case, the petitioners move an appropriate application for discharge before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed off as expeditiously as

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possible in accordance with law, by the concerned Court below preferably within a period of two months, thereafter.

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In case no such application is filed within a period of fifteen days from today, as prescribed above, the present order shall stand automatically vacated.

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With the aforesaid directions, this petition is finally disposed off.

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Order Date :- 11.10.2022 T.S.

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Digitally signed by TRIBHUWAN SINGH Date: 2022.10.11 16:34:22 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Babita and 9 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Babita and 9 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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