Khushi Ahmad v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court, single-judge order by Nand Prabha Shukla, J. dated April 23, 2026, in Application U/S 528 BNSS No. 42068 of 2025 (Khushi Ahmad v. State of U.P. and Another; counsel Amrita Singh for applicant, G.A./A.G.A. for State). Prayer to quash cognizance/summoning order dt. 23.09.2021, charge sheet dt. 02.07.2021 and entire proceedings of Criminal Case No. 199 of 2021 (550 of 2021) arising out of Case Crime No. 44 of 2021 (Ss.498-A, 323, 504, 506 IPC; Ss.3/4 Dowry Prohibition Act; PS Mahila Thana, District Sambhal; pending before Judicial Magistrate, Sambhal at Chandausi) was declined on the ground that disputed questions of fact were involved and no offence-free stage had been reached; application disposed of with 45-day bail/discharge windows and interim protection from coercive measures.
What did the court decide?
Quashing prayer declined, but protective directions issued: (i) if the applicant is not on bail, on her appearance or surrender through counsel before the Trial Court with a bail application within 45 days from the date of the order, the bail application shall be considered and disposed of expeditiously after giving opportunity to the other side; (ii) a discharge application moved through counsel within 45 days shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter; (iii) for a period of 45 days, or till disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant.