Chaman Devi vs State Of U.P. And 6 Others
2025 Latest Caselaw 9185 ALL

Allahabad High Court

Chaman Devi vs State Of U.P. And 6 Others on 26 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:148014
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
APPLICATION U/S 528 BNSS No. - 23017 of 2025
 
Court No. - 89
 
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Mr. Eishan Mehta, learned counsel for the applicant, Mr. Ansul Sengar, learned counsel for the opposite party nos.- 2 to 7 and Mr. Uma Shankar Mishra, learned A.G.A. for the State.

2. The present application has been filed with prayer to set aside the impugned judgment and order dated 13.02.2025 passed by Additional District & Sessions Judge, Court No.7, Ghaziabad in Criminal Revision No.615 of 2025 (Anju & Ors. Vs. State of U.P. and another) and to stay remand proceedings in respect of the discharge application before the court of Additional Chief Judicial magistrate, Ghaziabad, in Criminal Case No. 468 of 2022.

3. It is contended by the learned counsel for the applicant that the opposite party nos. 2 to filed an application for discharge before the learned Magistrate for the offences under Sections 447, 448, 427, 457, 380 IPC. He further submits that learned Magistrate rejected the application for discharge against which the opposite parties filed criminal revision before the learned Session Court, which was heard by learned Additional Session Judge, Court No.7, Ghaziabad. He further submits that the revisional court while allowing the revision and setting aside the order of the learned Magistrate has recorded an observation that the matter is purely of civil nature and that no offence is made out as the condition for constituting the offence under Section 441 is not fulfilled. It is contended by learned counsel that the above observation recorded by the learned revisional court shall cause prejudice in the fresh disposal of the discharge application filed by opposite party nos. 2 to 7 as the matter has been remanded back to learned Magistrate by the learned revisional court. He prays that the direction be issued that above observation shall not come in the way of fresh disposal of discharge application by learned Magistrate.

4. On the other hand, learned A.G.A. and learned counsel for the opposite party nos. 2 to 7 have no objection to above prayer.

5. In view of above, this application is being disposed of with a direction to the learned Magistrate that the observations recorded by the learned revision court in para no.12 of the judgment dated 13.02.2025 passed in Criminal Revision No.-615 of 2024 shall not cause prejudice to the fresh disposal of discharge application filed by opposite party nos.2 to 7.

August 26, 2025

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