The High Court dismissed the writ petition challenging the order refusing to register an F.I.R. or treat a Section 156(3) application as a complaint, finding no illegality or perversity in the lower court’s decision due to lack of evidence.
Writ petition dismissed; impugned order dated 7.9.2019 upheld.
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Court No. - 66
Case :- MATTERS UNDER ARTICLE 227 No. - 451 of 2020
Petitioner :- Rita Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Niwas Kumar Gupta,Lakshmi Kant Pandey
Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State.
The present writ petition has been filed with the prayer to issue an order or direction calling for the records and to set-aside the impugned order dated 7.9.2019 in Case No.937 of 2019 (Reeta Devi vs. Indra Kumar Pal and others) passed by A.C.J.M., Gyanpur, Bhadohi.
Having heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the impugned order whereby the application under Section 156(3) moved by the petitioner for registration of F.I.R. has been treated as a complaint case and the court proceeded under Chapter XV of Cr.P.C, I do not find any good ground to set-aside the impugned order passed by A.C.J.M., Gyanpur, Bhadohi.
The allegation against opposite party no.2 is that he had outraged the modesty of the applicant, however, neither she was medically examined nor there is any reliable evidence in respect of the allegations. The learned Magistrate has rightly rejected the application moved under Section 156(3) Cr.P.C.
There is no illegality or perversity in the impugned order dated 7.9.2019 passed by A.C.J.M., Gyanpur, Bhadohi.
The present writ petition is bereft of merits and the same is, accordingly, dismissed .
Order Date :- 28.1.2020 Vikas
2 issues framed by the court
Whether the High Court should set aside the order refusing to treat an application under Section 156(3) Cr.P.C. as a complaint case.
Whether there was any illegality or perversity in the impugned order rejecting the petition’s request for registration of F.I.R.
Rita Devi
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
