Vimla Devi Vs State of U.P. and 4 Others

Court No. - 49

Case :- MATTERS UNDER ARTICLE 227 No. - 3256 of 2018

Petitioner :- Vimla Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sohan Lal Yadav,Om Prakash Vishwakarma Counsel for Respondent :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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This petition under article 227 has been filed to quash the order dated 06.04.2018 filed against the order dated 01.03.2017, Police Station- Barsethi , District- Jaunpur.

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Learned counsel for the petitioner submits that the petitioner's FIR had not been registered and therefore an application under section 156(3) Cr.P.C. had been filed. Learned Magistrate instead of directing for registration of a police case has treated the application as a complaint case. Learned counsel for the petitioner further submits that the petitioner is about eighty years of age and suffering from cancer for which reason he is confined to bed at Bombay and may not be able to pursue the matter. Even otherwise it is submitted that the matter requires collection of evidence and therefore it would have been wholly appropriate on the part of the Magistrate to direct registration of the police case.

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Insofar as opposite party no.2 is concerned it cannot be seen how any prejudice would be caused at this stage. Therefore no useful purpose would be served keeping the application pending.

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Allowed.

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Order dated 06.4.2018 passed in Criminal Revision no.143 of 2017 (Smt. Vimla Devi Vs. State of U.P. and others) and the order dated 01.3.2017 passed by the Judicial Magistrate, Jaunpur is set aside. The matter is remitted to the Judicial Magistrate to decide the application filed by the applicant afresh strictly in accordance with law keeping in mind the observations made above within a period of six weeks from the date of certified copy of this order.

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Order Date :- 8.5.2018

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shiv

Vimla Devi v. State of U.P. and 4 Others

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Vimla Devi v. State of U.P. and 4 Others

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