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

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

What the court decided

AI extract

Outcome

Application permitted to be withdrawn, with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in light of the Supreme Court observations in Satender Kumar Antil, Siddharth and Aman Preet Singh.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1363 of 2022, arising out of Case Crime No. 42 of 2022 (Sections 406, 419, 420 I.P.C., Police Station Shahabganj, District Chandauli), and the cognizance/summoning order dated 23.8.2022 should be quashed under Section 482 of the Code of Criminal Procedure, 1973.

Ratio / Principle

After some arguments, learned counsel for the applicant chose to withdraw the application, with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

If a bail application is filed on behalf of the applicant, it shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil v. CBI (2021) 10 SCC 773, Siddharth v. State of U.P. 2022 (11) SCC 676 and Aman Preet Singh v. C.B.I. 2021 SCC Online SC 941.ratio¶10
The Section 482 application stands disposed of with the liberty to file a regular bail application.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Order dated 8.1.2025 in Application U/S 482 No. 40780 of 2024 (Basmati Devi v. State of U.P. and Another): The applicant had moved under Section 482 CrPC to quash the entire proceedings of Criminal Case No. 1363 of 2022, arising out of Case Crime No. 42 of 2022 under Sections 406, 419, 420 I.P.C., Police Station Shahabganj, District Chandauli, as well as the cognizance/summoning order dated 23.8.2022 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Chakiya, Chandauli. Counsel submitted that the applicant was not arrested during investigation and the charge-sheet was filed against him, the offence being punishable up to 7 years imprisonment. After some arguments, counsel withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction. The Court directed that if such a bail application is filed, it shall be decided in the light of the Supreme Court observations in Satender Kumar Antil v. CBI (2021) 10 SCC 773, Siddharth v. State of U.P. 2022 (11) SCC 676 and Aman Preet Singh v. C.B.I. 2021 SCC Online SC 941. The application stands disposed of with the aforesaid liberty; the quashing issue was not adjudicated.

Neutral Citation No. - 2025:AHC:4128

Court No. - 75

Case :- APPLICATION U/S 482 No. - 40780 of 2024

Applicant :- Basmati Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Kushwaha,Khushboo Gupta Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Tarun Jhan, Advocate holding brief of Sri Ajay Kumar Kushwaha, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 1363 of 2022, arising out of Case Crime No. 42 of 2022, under Sections 406, 419, 420 of I.P.C., Police Station- Shahabganj, District- Chandauli, as well as cognizance/summoning order dated 23.8.2022, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Chakiya, Chandauli.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.

After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicant, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

The application stands disposed of with the aforesaid liberty.

Order Date :- 8.1.2025 A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad