Allahabad High Court
REENA DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The prayer for quashing the proceedings was dismissed as not pressed, and the application was disposed of with a direction to consider any bail application filed within two weeks.
Summary
Reena Devi filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S. seeking to quash the charge-sheet and summoning order in a case under various sections of the B.N.S. and the SC/ST Act. During hearing, counsel for the applicant withdrew the request to quash the proceedings, stating that the applicant only needed permission to appear before the trial court within two weeks to file a regular bail application. The State had no objection to this limited request. The court dismissed the quash petition as not pressed and directed that if the applicant appears and files a bail application within the stipulated two weeks, it will be considered according to law. The application was consequently disposed of.
Issues considered
- Whether the court can quash the criminal proceedings and the charge-sheet under Section 482 Cr.P.C. and Section 528 B.N.S.S.
- Whether the withdrawal of the prayer for quashing affects the disposition of the application
- Whether the applicant may be permitted to file a bail application within a specified time frame
Legislation cited
- B.N.S. — s. 115(2), 351(2), 352
- B.N.S.S. — s. 528
- Code of Criminal Procedure, 1973 — s. 482
- SC/ST Act — s. 3(1), 3(2)
Subjects
- quash
- Section 482
- bail
- Criminal Procedure Code
- SC/ST Act
- application disposed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18446 of 2026
Reena Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Karuna Nand Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Karuna Nand Tiwari, learned counsel for the applicant and Sri
Bade Lal Bind, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. / under Section 528
B.N.S.S. has been filed by the applicant- Reena Devi, with the prayer to
allow the present application and quash the entire proceeding as well as
charge-sheet dated 26.04.2025 & summoning order dated 30.08.2025 in
S.S.T. No. 1815 of 2025 (State Vs. Reena Devi) arising out of Case Crime
No. 38 of 2025, under Sections 115(2), 352, 351(2) B.N.S. and Section 3(1)
ध, 3(2)Va SC/ST Act, Police Station Bhitauli, District Maharajganj, pending
in the Court of Special Judge, SC/ST Act, Maharajganj, with a further prayer
that proceedings of the aforesaid case be stayed against the applicant.
4. After arguments on merits at length, learned counsel for the applicant
states that he does not want to press the prayer for quashing of the
proceedings and the impugned summoning order. He states that the purpose
of the applicant would be served if she is permitted to appear before the trial
court within a period of two weeks from today and file a regular bail
application.
5. Learned counsel for the State has no objection of aforesaid arguments of
learned counsel for the applicant.
6. In view of the above, the prayer for quashing of proceedings/summoning
order is dismissed as not pressed.
NA528 No. 18446 of 2026
2
7. However, in view of the peculiar facts and circumstances of the case and
looking to the limited prayer of learned counsel for the applicant it is
directed that if the accused-applicant appears and applies for bail before the
court concerned within two weeks from today, the same shall be considered
and decided in accordance with law.
8. The present application is disposed of.
May 5, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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