Smt. Maya Devi Vs State of U.P. Thru. Prin. Secy. Deptt. of Home and 12 Others

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Neutral Citation No. - 2023:AHC-LKO:48550

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Court No. - 29

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Case :- CRIMINAL REVISION No. - 706 of 2023

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Revisionist :- Smt. Maya Devi

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 12 Others

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Counsel for Revisionist :- Abdul Alim Khan Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Present Criminal Revision under Section 397/401 Cr.P.C. against the impugned Judgment and order dated 17.05.2023 passed by learned Special Judge SC/ST Act, Baharaich in Criminal Miscellaneous Case No. 628/12/2022 "Smt. Maya Devi Vs. Banshi Lal and Ors." pertaining to Police StationHuzurpur, District-Bahraich, whereby the applicationfiled by the revisionist under Section 156(3) Cr.P.C. has been rejected.

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It is submitted that 12 persons actively attacked on the revisionist and beaten him with illegal Arms, Lathi, Danda etc. Revisionist sustained injuries on his body by the assault. It is also submitted that opposite party No. 2 has crushed the leg of revisionist by tractor. It is further submitted that the revisionist is a poor person, therefore, she could not get herself medically examined. It is next submitted that judgment and order dated 17.05.2023 passed by learned Special Judge SC/ST Act, Bahraich in Cr. Misc. Case No. 628/12/2022 whereby the

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learned Special Judge has wrongly rejected the application filed by the revisionist under Section 156(3) Cr.P.C. may be set aside.

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On the other hand, learned AGA for the State submitted that if the revisionist's leg was crushed by tractor, she must undergo medical examination, however, no medical examination is done. It is further submitted that the revisionist has equally efficacious remedy of filing complaint before the court concerned.

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I have heard the rival submissions advanced on behalf of the parties.

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From the perusal of record, it transpires that application under Section 156(3) was moved by the revisionist on 11.08.2022, stating that due to property dispute, she was assaulted on 08.08.2022. It is mentioned in the said application that Babadin, husband of revisionist was the owner in possession of the land in question bearing Gata No. 171/1/1 measuring 0-405 AR in regard to which S.D.M., Kasganj has already passed the final decree in favour of the husband of the revisionist. It appears that there is Civil Dispute regarding the agricultural plot which is converted into criminal case by filing complaint under Section 156(3) Cr.P.C. It is also worth mentioning that no medical report has been annexed with the application under section 156(3) Cr.P.C. and the revisionist has equally efficacious remedy by filing a complaint before the

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court concerned. The F.I.R. is misuse of process of law, hence, the present revision has no force and is liable to be rejected.

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In view of the above discussions, instant revision is dismissed .

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However, it is open for the revisionist to avail remedy of complaint before the Court concerned. In the event any complaint is filed the same shall be decided on its merits without going into the question delay.

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(Renu Agarwal,J.)

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Order Date :- 7.7.2023 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench

Smt. Maya Devi v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 12 Others

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Smt. Maya Devi v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 12 Others

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