Smt. Pushpa Devi and 2 Others vs State of U.P. and Another

Learned counsel for the applicant submits that the present application has been filed under Section 528 BNSS for the relief which has been mentioned in the prayer clause of this Application. The prayer clause is delineated below:-

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"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to set-aside/quash the impugned chargesheet dated 17.08.2010, cognizance /summoning order dated 04.01.2011 passed by the learned Additional Chief Judicial Magistrate, Farrukhabad, and the Non Bailable Warrant dated 01.05.2025 passed by the learned Additional Chief Judicial Magistrate, Farrukhabad, whereby the learned judge summoned the applicants for the offence punishable under Sections 420, 467, 468, 471, 120-B of I.P.C. as well as the entire proceedings of Case No. 22 of 2011 (State Vs. Usha Devi and others) arising out of Case Crime No. 308 of 2010, for the offence punishable under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Rajepur, District Farrukhabad, pending in the court of Additional Chief Judicial Magistrate, Farrukhabad."

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Learned counsel for the applicants submits that the applicant had filed Application U/s 482 No. 17502 of 2011 (Smt. Pushapa Devi vs. State of U.P. and Another), wherein this Court, vide order dated 26.5.2011, had directed the applicants to move discharge application through their

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NA528 No. 48911 of 2025

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counsel within 30 days and disposed of the Application. The order dated 26.5.2011 is delineated below :-

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Heard the learned counsel for the applicants and the learned A.G.A.

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This application has been filed by the applicants with a prayer to quash the charge sheet of the case crime no. 308 of 2010 under sections 420,. 467, 468, 471 I.P.C., P.S. Rajepur, district Farrukhabad.

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It is contended by the learned counsel for the applicants that the agreement to sale was executed in favour of O.P.No.2, the terms and conditions were not followed by O.P.No2, she filed Original Suit No. 277 of 1999, the same has been dismissed, thereafter the land has been sold to other person, no offence of cheating has been committed by the applicants, but without doing proper investigation, the charge sheet has been submitted, therefore, the charge sheet filed against the applicants may be quashed.

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In reply to the above contention, it is submitted by the learned A.G.A. that such pleas may be taken before the court concerned by way of moving the discharge application.

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Considering the facts, circumstances of the case and submission made by the learned counsel for the applicants and the learned A.G.A. it is directed that in case the applicants move a discharge application before the court concerned, through their counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law.

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Till the disposal of the discharge application, no coercive steps shall be taken against the applicants.

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With the above direction, this application is finally disposed of.

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In compliance with the order dated 26.05.2011, the applicants moved a discharge application before the concerned Court; however, the said discharge application was rejected vide order dated 16.11.2011. Aggrieved by the order dated 16.11.2011, the applicants preferred a criminal revision before the learned Special Judge (E.C. Act), which was allowed vide order dated 05.02.2016, and the matter was remanded to the concerned Trial Court for passing a fresh order after hearing the parties. Thereafter, the Court of the Judicial Magistrate, vide order dated 01.04.2016, fixed 20.05.2016 for final disposal of Discharge Application No. 15-B; however, from 20.05.2016 till date, i.e., for about 10 years, the applicants have not pressed the said discharge application. Consequently, the concerned Court has issued non-bailable warrants against the applicants.

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Learned A.G.A. for the State submits that the applicants have not approached the Trial Court, and there is no signature of the applicants on

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the order sheet, and the counsel for the applicants has also not pressed the discharge application for the last 10 years; therefore, the order of nonbailable warrant is in accordance with law. It is submitted that, in the meantime, the applicants were summoned by the concerned Court, even then they have not turned up, nor has their counsel turned up. It is further submitted that the trial is pending on technical grounds for a long time, and there are many persons in queue before the Trial Court for justice.

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This Court, in view of the aforesaid facts and circumstances and after hearing learned counsel for the parties, is not inclined to grant any relief to the applicants. The Trial Court is directed to proceed with the matter expeditiously, strictly in accordance with law.

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In case the applicants do not appear before the Trial Court, proceedings under Section 82 Cr.P.C. shall be initiated against them. In the event the applicants are on bail, their bail bonds and sureties shall be cancelled and the same may be confiscated, and thereafter, proceedings under Section 83 Cr.P.C. shall also be initiated against them, in accordance with law.

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(Praveen Kumar Giri,J.)

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March 19, 2026 DKS

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Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad

Smt. Pushpa Devi and 2 Others v. State of U.P. and Another

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Smt. Pushpa Devi and 2 Others v. State of U.P. and Another

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