[Cites 2, Cited by 0]
Allahabad High Court
Deepti Saini vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 3 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:23425
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 2540 of 2026
Deepti Saini
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Umesh Singh
Counsel for Opposite Party(s)
:
G.A.
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The instant application under Section 528 BNSS has been filed for quashing/setting aside the entire proceedings of Case no. 47771/2025 (STATE OF UP VS DEEPTI SAINI AND ANOTHER) and impugned summoning order dated 14.10.2025 passed by the Learned Chief Judicial Magistrate Court No. 18, Barabanki, arising out of Chargesheet No. 01/2024 dated 20.03.2024 in case crime no 0164/2024 so far as relates to the present applicant by which applicant/petitioner has been summoned for facing of trial Under Section 323,504,506, & 427 I.P.C. pertaining to Police Station- Kotwali Nagar, District-Barabanki.
Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence.
On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.
At this stage, learned counsel for the applicant submits that she does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to her, in accordance with law. In case, such an application is moved before the trial court, the trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
The application is disposed off accordingly.
(Shree Prakash Singh,J.)
April 3, 2026
Ram Murti
