Smt Sarita @ Doli vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt Sarita @ Doli vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer to quash the impugned orders dated 16.04.2016 and 25.02.2019 declined; however, the applicants were afforded liberty to move a discharge application through counsel within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter; further, no coercive measures shall be taken against the applicants for 30 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the impugned orders dated 16.04.2016 and 25.02.2019 passed by the Additional Chief Judicial Magistrate, Shikohabad, Firozabad in Complaint Case No. 805 of 2015 (Ujagar Singh v. Mithlesh Kumar and others) under Section 494 IPC should be quashed by way of the present application under Section 482 Cr.P.C.

Court's answer

From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.

Ratio / Principle

All the submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court.

Key takeaways

Only in cases where the Court finds that there has been failure of justice or abuse of procedure may this power be exercised, to prevent the abuse of process and secure the ends of justice.ratio¶13
The prayer for quashing the impugned orders is declined.ratio¶14
In the interest of justice, if the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), Application U/S 482 No. 37778 of 2024 (Smt Sarita @ Doli v. State of U.P. and Another), decided September 25, 2025: prayer to quash the orders dated 16.04.2016 and 25.02.2019 passed by the Additional Chief Judicial Magistrate, Shikohabad, Firozabad, in Complaint Case No. 805 of 2015 (Ujagar Singh v. Mithlesh Kumar and others) under Section 494 IPC was declined. The Court held that on perusal of the record it could not be said that no offence was made out against the applicants, and that the submissions raised at the bar related to disputed questions of fact incapable of adjudication in a Section 482 Cr.P.C. forum, such power being exercisable only where there is failure of justice or abuse of procedure. In lieu of quashing, the applicants were permitted to seek discharge through counsel within 30 days, with the Trial Court directed to dispose of such application by a reasoned and speaking order within two weeks thereafter, and no coercive measures were to be taken for 30 days or till disposal of the discharge application, whichever was earlier; the application was disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 37778 of 2024

Smt Sarita @ Doli

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Brajesh Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed with a prayer to allow the present application and quash the impugned order dated 16.04.2016 passed by the Court of learned Additional Chief Judicial Magistrate, Shikohabad, Firozabad in Complaint Case No. 805 of 2015 (Ujagar Singh v. Mithlesh Kumar and others) under Section 494 IPC, Police Station-Shikohabad, District-Firozabad as well as impugned order dated 25.02.2019 passed by learned Additional Chief Judicial Magistrate, Shikohabad Firozabad.

It has been submitted by learned counsel for the applicants that the statements of complainant and witnesses have been recorded under Sections 200 and 202 Cr.P.C.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

Accordingly, prayer for quashing is declined.

However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a

A482 No. 37778 of 2024

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reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of. September 25, 2025 Aditya Tripathi

(Nand Prabha Shukla,J.)

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad