Nisha Kumari Goud Vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

Nisha Kumari Goud Vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing prayer refused; however, limited protections directed: (i) applicant permitted to move a discharge application within three weeks, to be decided by the court below in accordance with law, expeditiously, preferably within eight weeks of filing; (ii) no coercive action against the applicant for three weeks or till filing of the discharge application, whichever is earlier.

Issue for consideration

Whether the further proceedings of Criminal Case No. 1255 of 2019 and the cognizance/summoning order dated 28.06.2019 passed by the Chief Judicial Magistrate, Jhansi should be quashed under Section 482 Cr.P.C., the applicant contending that cognizance was taken without application of judicial mind and constitutes an abuse of the process of law.

Court's answer

The prayer for quashing the entire proceedings and the cognizance/summoning order of Criminal Case No. 1255 of 2019 against the applicant is refused.

Ratio / Principle

If the applicant moves a discharge application before the concerned court below within three weeks, the court below shall decide it in accordance with law, expeditiously, preferably within eight weeks of its filing.

Key takeaways

Interim protection: no coercive action shall be taken against the applicant for three weeks from the order, or till filing of the discharge application, whichever is earlier.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.; order dated 12.5.2025) disposed of Application U/S 482 No. 37482 of 2024 filed by Nisha Kumari Goud seeking quashing of the further proceedings of Criminal Case No. 1255 of 2019 (State v. Nisha Kumari Goud) pending before the Chief Judicial Magistrate, Jhansi, and the cognizance order dated 28.06.2019 under Sections 420, 467, 468, 471 and 406 I.P.C., arising out of Case Crime No. 0456 of 2016 (Sections 420 & 406 I.P.C., P.S. Kotwali, Jhansi), in which a supplementary charge sheet was filed against her and Rs. 6 lakhs was admittedly transferred to her account. Arrest had earlier been stayed on 23.07.2018 in Criminal Misc. Writ Petition No. 19435 of 2018 till submission of the police report under S. 173(2) Cr.P.C. The Court refused the prayer for quashing, observing that the AGA contended the objections raised were disputed questions of fact incapable of resolution at that stage. Instead, the Court directed that if the applicant moves a discharge application before the court below within three weeks, it shall be decided in accordance with law, expeditiously, preferably within eight weeks of filing, and that no coercive action be taken against her for three weeks or till filing of such application, whichever is earlier.

Neutral Citation No. - 2025:AHC:76525

Court No. - 84

Case :- APPLICATION U/S 482 No. - 37482 of 2024

Applicant :- Nisha Kumari Goud Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhas Kumar Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Subhash Kumar, learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the further proceeding of Criminal Case No.1255 of 2019 (State Vs. Nish Kumari Goud) and also cognizance order dated 28.06.2019 under Sections 420, 467, 468, 471, 406 I.P.C. passed by Learned Chief Judicial Magistrate, Jhansi in Criminal Case No. 1255 of 2019 (State Vs. Nisha Kumar Goud), which is still pending against the applicant in the Court of Learned Chief Judicial Magistrate, Jhansi, arising out of Case Crime No. 0456 of 2016 registered under sections- 420 & 406 I.P.C. at Police-Station- Kotwali, District Jhansi.

Allegation in FIR against the applicant is that applicant is a student. It is admitted case that Rs.6 lacs has been transferred in the account of applicant. I.O. submitted charge sheet against the applicant by supplementary charge sheet. Cognizance taken on 28.06.2019. Applicant challenged the FIR by way of filing Criminal Misc. Writ Petition bearing No.19435 of 2018 before this Hon'ble Court and the Hon'ble Court vide order dated 23.07.2018, stayed the arrest of the applicant till submission of police report U/s 173(2) Cr.P.C. The contention of learned counsel for the applicant is that all allegation in FIR is false and baseless and not supported by any evidence. No case under the alleged sections is made out. Cognizance/summoning by learned Magistrate, is without application of judicial mind and abuse of process of law.

Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage, as such, no interference is warranted.

The prayer for quashing the entire proceedings, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused .

However, if applicant moves discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application.

For the period of three weeks from today or till the time of filing of discharge application, whichever is earlier, no coercive action shall be taken against the applicant.

With the above directions, this 482 application is disposed of.

Order Date :- 12.5.2025 Nitin Verma

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