Dismissed

Smt. Chaman Devi v. State of U.P. and 4 Others

Allahabad HC1 Nov 2018A482/36358/2017

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought to quash the Chief Judicial Magistrate's order rejecting a Section 156(3) Cr.P.C. petition. The court found no illegality or perversity, noting the existence of cross FIRs and lack of sanction for FIR against a public servant, and dismissed the application.

What did the court decide?

The application under Section 482 Cr.P.C. is dismissed.

Smt. Chaman Devi Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 60

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Case :- APPLICATION U/S 482 No. - 36358 of 2017

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Applicant :- Smt. Chaman Devi Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Babban Prasad Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 15.12.2016 passed by Chief Judicial Magistrate, Aligarh in Misc. Application No. 1014/11 of 2016, Smt. Chaman Vs. Vinod Kumar, SSI, P.S. Gaunda, Aligarh and others rejecting the application under Section 156(3) Cr.P.C., Police Station Gaunda, District Aligarh.

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It is submitted by learned counsel for the applicant that there are cross cases. Cross F.I.Rs. were lodged from both sides. It is further submitted that husband of the applicant was also arrested but only the accused in another F.I.R. accused Dinesh should be arrested.

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I have perused the complaint dated 5.10.2016 filed by the applicant under Section 156(3) Cr.P.C. and order dated 15.12.2016 passed by the Chief Judicial Magistrate, Aligarh. In the order dated 15.12.2016 passed by learned Chief Judicial Magistrate, Aligarh, he has given clear cut finding that the police personnel have arrested the accused in performing their duties as it is admitted fact that there were cross F.I.Rs. lodged between the parties. It is further stated that for lodging the F.I.R. against public servant, proper sanction is required, but admittedly no sanction was obtained. He has also placed reliance upon the judgment of the Apex Court in the case of Army Headquarter Vs. C.B.I., 2012 (6) SCC 228.

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In view of the facts and circumstances of the case, I do not find any illegality or perversity in the impugned order dated 15.12.2016 passed by learned Chief Judicial Magistrate, Aligarh. The application lacks merit and is accordingly dismissed.

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Order Date :- 1.11.2018 Rmk.

Smt. Chaman Devi v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Chaman Devi v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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