Babita (Pradhan Banmai) Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2025)

Babita (Pradhan Banmai) Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Main quashing relief refused; applicant directed to surrender within two weeks; interim protection from arrest for two weeks or till surrender, whichever is earlier; courts below to dispose of any bail application expeditiously in accordance with law keeping in view the Satender Kumar Antil guidelines.

Issue for consideration

Whether the charge-sheet dated 21.11.2024, cognizance/summoning order dated 20.12.2024 and criminal proceedings in Case Crime No. 0595 of 2022 against the applicant should be quashed (challenge given up; relief refused). +2 more

Court's answer

The relief sought in the application (quashing of the charge-sheet, cognizance/summoning order and proceedings) is refused, the applicant having given up the challenge and not pressed the prayer on merits.

Ratio / Principle

The applicant is directed to surrender before the concerned court below within two weeks from the date of the order.

Key takeaways

If the applicant applies for bail, the courts below shall dispose of the bail application expeditiously in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another.ratio¶13
For two weeks from the date of the order or until the applicant surrenders before the concerned court below, whichever is earlier, she shall not be arrested in the above case.ratio¶14

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Babita (Pradhan Banmai) seeking quashing of the charge-sheet dated 21.11.2024, cognizance/summoning order dated 20.12.2024 and entire proceedings of Case Crime No. 0595 of 2022, under Section 409 I.P.C., Police Station Gosainganj, District Sultanpur, pending before the Additional Chief Judicial Magistrate-V, Sultanpur. Counsel for the applicant gave up the challenge to the impugned charge-sheet, cognizance/summoning order and criminal proceedings and confined the submission to a request for protection to enable surrender before the court below, and for expeditious disposal of the bail application. The Court refused the relief sought in the application, but directed the applicant to surrender within two weeks, ordered that she shall not be arrested for two weeks or till surrender (whichever is earlier), and directed that if she applies for bail, the courts below shall dispose of the bail application expeditiously in accordance with law keeping in view the guidelines in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. Application disposed of. (Neutral Citation No. 2025:AHC-LKO:10756; Order Date 19.2.2025.)

Neutral Citation No. - 2025:AHC-LKO:10756

Court No. - 18

Case :- APPLICATION U/S 482 No. - 1174 of 2025

Applicant :- Babita (Pradhan Banmai) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Amitesh Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

During the course of the day, Mr. Ashwani Kumar Singh, learned counsel for the complainant has filed his vakalatnama before this Court, which is taken on record.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 21.11.2024, cognizance / summoning order dated 20.12.2024 and entire proceedings of Case Crime No. 0595 of 2022, under Section 409 I.P.C., Police Station Gosainganj, District Sultanpur pending in the court of Additional Chief Judicial Magistrate-V, Room No. 21, Sultanpur.

At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to

surrender before the concerned court below, he has no objection if the Court grants protection to her for a short period.

In view of the above, the relief as sought by the applicant in the instant application is refused.

However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another , reported in 2021 SCC Online SC 922.

For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, she shall not be arrested in the above case.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

Order Date :- 19.2.2025 saurabh

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