Nidhi Shukla And Others vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 2585 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 659 of 2023
 

 
Applicant :- Nidhi Shukla And Others
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. And Another
 
Counsel for Applicant :- Dinesh Chandra Tewari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants, Sri Anirudh Kumar Singh, learned A.G.A. for the State and perused the record.

Instant application under section 482 Cr.P.C. has been filed with prayer to quash the impugned summoning order dated 07-06-2018 passed by the Chief Judicial Magistrate, Lakhimpur Kheri in Case No. 1996 of 2018, under sections 147,323,504,506 I.P.C., Police Station-Kotwali Sadar, District-Lakhimpur Kheri including the entire criminal proceedings as well as Chargesheet dated 06-01-2018 arising out of Case Crime No. 1239 of 2017, under sections 147,323,504,506,354,498-A I.P.C., Police Station-Kotwali Sadar, District-Lakhimpur Kheri.

Learned counsel appearing for the applicants submits that the matter pertains to the matrimonial dispute and due to enmity, the applicants have falsely been implicated in the instant case. He next added that the applicants were never involved in committing offence,but, they have been named and they are suffering for their no fault.

He next added that Hon'ble Apex Court in the case of Geeta Mehrotra Vs State of U.P. and others, reported in 2012 (10) ADJ 464 and Kahkashan Kausar alias Sonam and Others, (2022)6 SCC 599, has granted certain protection in such matters and thus, he submits that the present applicants may also be given liberty to move a discharge application and the same may be directed to be decided in the light of ratio of the Judgments aforesaid within stipulated period of time as may be fixed by this court.

Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

In view of the aforesaid submissions, the applicants are permitted to move a discharge application within a period of ten days from today and if such application is moved, the trial court shall consider and decide the same in accordance with law within further 30 days while considering the ratio of the Judgements in the case of Geeta Mehrotra and Kahkashan Kausar alias Sonam (Supra).

The applicants are permitted to move the discharge application through their counsel.

With the aforesaid direction, the application is disposed of.

Order Date :- 24.1.2023

AKS