Smt. Pushpa Devi v. State of U.P. Thru. Prin. Secy. Home Lko and Another
Case brief
What is this about?
Quashment application u/s 528 BNSS / Section 482 Cr.P.C. dismissed; summoning order dated 27.05.2025 of CJM Lucknow upheld; dowry death case, Sections 80(2), 85 B.N.S. and Section ¾ Dowry Prohibition Act; prima facie offence disclosed against applicant Pushpa Devi; FIR named applicant principal offender demanding dowry and torturing deceased; death by asphyxia due to antemortem hanging per doctor's statement; post-mortem report not in record; absence of applicant in video recording held to be triable-case defence, not adjudicable in quashing application; Allahabad High Court Lucknow Bench; Ajay Bhanot, Judge; decided September 4, 2025; Case Crime No. 0528/2024; Criminal Case No. 55319 of 2025; P.S. Sarojani Nagar, Lucknow.
What did the court decide?
A prima facie offence is disclosed against the applicant, the court taking into account that the F.I.R. identifies the applicant as one of the principal offenders who demanded dowry from the deceased and tortured her mentally and physically, and that the doctor's statement appended to the 482 application discloses cause of death as asphyxia due to antemortem hanging (post-mortem report not in the record).