Dr. Kanupriya Sharma & Anr. v. State of U.P & Anr.
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 336, 337, 338
Judgment
Heard Sri Nitin Sharma, learned counsel for the applicants and learned A.G.A. for the State- opposite party and perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the entire proceeding as well as Summoning order dated 04.08.2023 passed by the CJM, Firozabad in Complaint Case No. 28880 of 2022 (Ankita Bhardwaj vs. Dr. Kanupriya Sharma and others), under Section 336, 337 and 338 IPC, pending in the court of Chief Judicial Magistrate, Firozabad
Learned counsel for the applicant submits that there is no pre-sumonning evidence with regard to the offence punishable under Section 336 (Act endangering life or personal safety of others), 337 (Causing hurt by act endangering life or personal safety of others) and 338 (Causing grievous hurt by act endangering life or personal safety of others) against the applicants and all allegations are made against other persons. He further submits that similarly situated co-accused of the instant matter has already been accorded interim relief by the coordinate Bench of this Court in Application U/S 482 No. 1410 of 2024 (Doctor Prerna Jain vs. State of U.P. and another) and the same indulgence may also be accorded to the applicants.
Matter requires consideration.
Learned A.G.A. has accepted notice on behalf of opposite party no.1.
Issue notice to private opposite party no.2 through C.J.M. concerned returnable at an early date.
Opposite parties may file a counter affidavit within 4 weeks. Rejoinder, if any, may be filed within two week thereafter.
List on 14.07.2025.
Till the next date of listing, further proceeding of aforementioned Complaint Case against the applicants shall remain stayed. Order Date :- 1.5.2025 Bhanu
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 336, 337, 338.
Which court decided this case, and when?
Allahabad High Court, on 01 May 2025. The bench was PRASHANT KUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.