Smt Rukmani Devi vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

Smt Rukmani Devi vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with the quashing prayer refused; liberty to the petitioner to surrender within 30 days and apply for bail, with a direction to the court concerned to consider and decide the bail application expeditiously in accordance with Satender Kumar Antil (2022 SCC OnLine SC 825); no coercive action against the petitioner till 30 days.

Issue for consideration

Whether the order dated 28.06.2024 passed in Criminal Revision No.272 of 2023 and the order dated 24.04.2023 passed in Criminal Case No.1882 of 2020 (under Section 420 IPC and Section 3/7 E.C. Act) are liable to be quashed by this Court in exercise of jurisdiction under Article 227.

Court's answer

On perusal of the impugned orders, this is not a case where interference is required; no ground is available in the petition on the basis of which the impugned orders can be set aside.

Ratio / Principle

The prayer for quashing the impugned orders is refused.

Key takeaways

Liberty granted to the petitioner to surrender before the court concerned within 30 days and apply for bail; the court concerned is directed to consider and decide her bail application expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).ratio¶11
Till 30 days from the date of the order, no coercive action shall be taken against the petitioner.ratio¶12

Detailed headnote1 paragraphs

Article 227 petition seeking quashing of the order dated 28.06.2024 in Criminal Revision No.272 of 2023 and the order dated 24.04.2023 in Criminal Case No.1882 of 2020 (under Section 420 IPC and Section 3/7 E.C. Act) — Allahabad High Court held that no ground for interference was made out and refused the quashing prayer; petition disposed of with liberty to the petitioner to surrender within 30 days and apply for bail, such application to be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825); it was further directed that no coercive action be taken against the petitioner till 30 days from the date of the order.

Neutral Citation No. - 2025:AHC:1460

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 8891 of 2024

Petitioner :- Smt Rukmani Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Dheeraj Kumar Singh,Vijai Prakash Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for petitioner and learned AGA appearing for the State.

This present petition has been filed for seeking quashing of the order dated 28.06.2024 passed by learned Special Judge (E.C. Act)/Additional Session Judge, Court No.4, Agra in Criminal Revision No.272 of 2023 (Smt. Rukmani Devi Vs. State of U.P.) and order dated 24.04.2023 passed by learned Additional Chief Judicial Magistrate, Court No.1, Agra in Criminal Case No.1882 of 2020 (State Vs. Smt. Rukmani Devi), under Section 420 IPC and Section 3/7 E.C. Act.

On perusal of the impugned orders, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present petition, on the basis of which, impugned orders can be set aside.

Accordingly, the prayer for quashing the impugned orders, is refused.

Lastly, learned counsel for petitioner submitted that liberty may be granted to petitioner to surrender before the court concerned and apply for bail to which learned AGA has no objection.

In view of the aforesaid, the instant petition is finally disposed of with a direction to the court concerned that in case, the petitioner surrenders before the court concerned within a period of 30 days from today and apply for bail, her bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).

However, it is made clear that till 30 days from today, no coercive action shall be taken against the petitioner herein.

Order Date :- 3.1.2025 Vivek Kr.

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad