Basanti Vs State of U.P. and Another

Court No. - 50

Case :- APPLICATION U/S 482 No. - 10406 of 2022

Applicant :- Basanti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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Instant application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the entire proceeding against her as well as the summoning order dated 7.9.2021 passed by the Judicial Magistrate, Chakia, District - Chandauli in Complaint Case No. 1598 of 2016 (CNR No. UPCD120009112016) (Ritu vs. Kanhaiya & others).

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Learned counsel for the applicant has argued that there is no additional evidence on record to summon the present applicant under Section 319 Cr.P.C. Only the statement of the victim under Section 244 Cr.P.C. is on record, on the basis of which the applicant has been summoned. The applicant is 71 years old lady and she has been wrongly summoned under Section 319 Cr.P.C. Hence, prayer is made to quash the order dated 7.9.2021.

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The present proceedings have been invoked against the order dated 7.9.2021 whereby the learned trial court has allowed the application of the victim under Section 319 Cr.P.C. partly.

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In my opinion, against this order the applicant has an alternative statutory remedy to file a revision. Invoking the jurisdiction of this Court under Section 482 Cr.P.C. in the matter in hand is bad in law.

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The application has no merits and is accordingly rejected.

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Order Date :- 11.5.2022 nd

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Digitally signed by NISITH DEY Date: 2022.05.13 16:52:31 IST Reason: Location: High Court of Judicature at Allahabad

Basanti v. State of U.P. and Another

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Basanti v. State of U.P. and Another

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