Dismissed

Smt. Pushpa Devi and Another v. State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another

Allahabad HC16 May 2024A482/4393/2024

Case brief

AI extract

What is this about?

High Court Court No. 15, Lucknow Bench disposed of an application under Section 482 CrPC seeking quashing of proceedings. Quashing prayer was refused; applicants were directed to file a discharge application before the trial court within 15 days.

What did the court decide?

Prayer for quashing the proceedings refused. Directing applicants to file discharge application within 15 days.

Smt. Pushpa Devi and Another vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:37428

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4393 of 2024

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Applicant :- Smt. Pushpa Devi and Smt. Archana Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State.

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The present petition has been filed for quashing charge sheet dated 29.5.2022 vide case crime No.75 of 2022 under sections 2/3 of Prevention of Damages to Public Property Act, P.S. Kotwali Nagar, district Sultanpur and order dated 7.1.12023 passed by CJM, Court No.16, Sultanpur in Crl. Case No.2196 of 2023 (State versus Pushpa Devi and another) and further proceedings thereof.

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The contention of the counsel for the applicants is that no offence against the applicants 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 applicants 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 they are 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 applicants submits that the applicants may be permitted to move an application for discharge through counsel and the same may be decided by the trial court in a time bound manner.

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Accordingly, it is provided that in case, the applicants move an

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appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter.

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In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicants.

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

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Order Date :- 16.5.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Smt. Pushpa Devi and Another v. State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another

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Smt. Pushpa Devi and Another v. State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another

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