SMT SUNITA DEVIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 14305 of 2026

Smt Sunita Devi
                                                             .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)             :   Deepika Saxena, Sunil Kumar
Counsel for Opposite Party(s)        :   G.A., Raj Kapoor Upadhyay

Court No. - 80
                  HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Sunil Kumar, learned counsel for the applicant, Mr. Raj
Kapoor Upadhyay, learned counsel for the opposite party No. 2, learned
A.G.A. for the State and perused the record.

2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash the entire proceedings of
Criminal Case No. 951/2026 (State vs. Sunita Devi), under Section 318(4)
B.N.S., (arising out of Case Crime No.82/2025, Police Station-Neuria,
District-Pilibhit pending in the court of learned Additional Civil Judge
(Senior Division)/Additional Chief Judicial Magistrate, Pilibhit and also
to quash the charge sheet No.213/2025 dated 31.10.2025 and the
impugned cognizance/summoning order dated 07.02.2026 passed by the
learned Additional Civil Judge (Senior Division)/Additional Chief
Judicial Magistrate, Pilibhit and to stay the further proceedings of the
aforesaid Criminal Case.

3. From the perusal of the material on record and looking into the facts of
the case, at this stage, it cannot be said that no offence is made out against
the applicant. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse
of procedure, this power may be exercised to prevent the abuse of process
to secure the ends of justice.

4. Accordingly, prayer for quashing is declined.
                                                                                           NA528 No. 14305 of 2026
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                                    5. In case, the applicant is not on bail, it is directed that if the applicant
                                    appears or surrenders through counsel before the Trial Court and makes
                                    an application for bail within 45 days from the date of the order, the same
                                    shall be considered and disposed of expeditiously, after giving
                                    opportunity to the other side.

                                    6. Further, it is provided that in case the applicant moves an application for
                                    discharge at an appropriate stage through counsel, the same shall be disposed
                                    of by the Trial Court by a reasoned and speaking order in accordance with
                                    law within six weeks thereafter.

                                    7. For a period of 45 days or till the disposal of the discharge application,
                                    whichever is earlier, no coercive measures shall be taken against the
                                    applicant in the aforesaid case.

                                    8. With the aforesaid direction, this application is disposed of.



                                                                                      (Nand Prabha Shukla,J.)
                                    September 8, 2026
                                    Shivani Sri.




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad