Remanded

Smt. Guddi Devi v. State of U.P. and 3 Others

Allahabad HC9 Oct 2018CRLR/3681/2014

Case brief

AI extract

What is this about?

In this criminal revision, the single judge quashed an order rejecting an application under Section 156(3) Cr.P.C. filed by a widow alleging outraging of modesty. Relying on apex court precedents and citing ends of justice, the court remanded the matter to the Chief Judicial Magistrate for a fresh order after hearing parties.

What did the court decide?

Order dated 12.11.2014 by CJM Etah quashed; matter remanded for fresh order after hearing parties within two months.

Smt. Guddi Devi Vs State of U.P. and 3 Others — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL REVISION No. - 3681 of 2014

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Revisionist :- Smt. Guddi Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Opposite Party :- Govt.Advocate,Ashutosh Pratap Singh,Lokendra Pratap Singh

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri S.K.Pandey alongwith Sri R.N.Pandey, learned counsels for the revisionist, Sri L.P.Singh alongwith Sri A.P..Singh learned counsel fro the private opposite parties and Sri Sanjay Singh, learned AGA appearing for the State.

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This revision has been filed against the order dated 12.11.2014 passed by the learned Chief Judicial Magistrate, Etah rejecting the application moved by the revisionist. under 156(3) Cr.P.C. Copy of the application filed by the revisionist has been annexed as annexure-1 to the affidavit filed in support of the revision.

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I have perused the application of the revisionist. The revisionist is a widow. It seems to be a case of outraging the modesty of a widow.

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Learned counsel fro the revisionist has drawn the attention of this Court towards the judgement of the Apex Court in Rajesh Kumari Vs. State (N.C.T. of Delhi) and others .reported in 2006(55) AC.

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In the said judgement the Apex Court has held that the police is under obligation to register an F.I.R. and investigate. In this case a complaint was submitted to the police under section 156(3) Cr.P.C. for registration of a case.

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It was also observed by the Apex Court that if any information disclosing the cognizable offence is laid before an officer in charge of a police station satisfying the requirements of section 154(1) of the Code the said police officer has no other option except to enter the substance thereof that is to say, in the prescribed form to register a case on the basis of such information.

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Learned counsel for the revisionist has also drawn the attention of this Court towards the judgement of this Court passed in Ranvir Vs. State of U.P. reported in 2012(8)ADJ431 in which this Court has held that the trial court was not right in dismissing complaint under section 203 by appreciating and

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weighing evidence of complainant and witnesses recorded at time of issuing process, if there is prima facie evidence, that will be a sufficient ground for issuing process to the accused.

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In the ends of justice it will be proper that as the revisionist is a widow lady and merely on a very superfluous observation she can not be denied her just right.

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Accordingly the order dated 12.11.2014 passed by the learned Chief Judicial Magistrate, Etah is hereby quashed and set aside.

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The matter is remanded back to the court below for passing afresh order in accordance with law after affording full opportunity of hearing to both the parties appearing before him.

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With these observations the revision is finally disposed off.

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This exercise shall be taken by the court below within a period of two months from the date of production of certified copy before it.

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Order Date :- 9.10.2018 IA

Smt. Guddi Devi v. State of U.P. and 3 Others

Case brief

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Smt. Guddi Devi v. State of U.P. and 3 Others

Case brief

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