Partly allowed

Smt. Mano Devi @ Manju Devi v. State of U.P. and 3 Others

Allahabad HC11 Apr 2023A482/3634/2023

Case brief

AI extract

What is this about?

This single judge conferred, while hearing an application under Section 482 Cr.P.C., set aside the impugned order of Additional District & Sessions Judge which had discouraged the applicant without expressing opinion on merits and remitted the matter back to the learned Sessions Judge for passing a reasoned and speaking order within one month.

What did the court decide?

The impugned order dated 06.10.2022 is set aside and the matter is remitted to the learned Courts for decision afresh by passing a reasoned and speaking order within one month.

Smt. Mano Devi @ Manju Devi Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 3634 of 2023

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Applicant :- Smt. Mano Devi @ Manju Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Kumar Dwivedi,Pravin Kumar Diwivedi Counsel for Opposite Party :- G.A.,Dhiraj Singh,Ragvendra Singh Rathour

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Dhirendra Kumar Dwivedi, learned counsel for the applicant, Mr. Rakesh Kumar, Advocate holding brief of Mr. Dhiraj Singh, learned counsel for the opposite party nos. 2 to 4 and Mr. Pankaj Srivastava, learned A.G.A. for the State.

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The present application under Section 482 has been filed assailing the order dated 06.10.2022 passed by Additional District & Sessions Judge, Court No.9, Allahabad. It is further prayed to confirm the summoning order dated 26.08.2021 vide which opposite party nos.2, 3 and 4 have been summoned.

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Learned counsel for the applicant submits that from the complaint as well as statement of the victim under Sections 200 and 202 Cr.P.C. offence under the relevant section is made out, however, the aforesaid order impugned has been passed without application of judicial mind.

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Learned A.G.A. as well as learned counsel for the opposite party do not dispute the correctness of the submissions made by the learned counsel for the applicant.

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Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case, the order dated 06.10.2022 passed by Additional District and Sessions Judge, Court No. 9, Allahabad is set aside and the same is remitted back to him for decision afresh. While deciding the matter afresh, the concerned Court shall pass a reasoned and speaking order, after taking into consideration all materials placed before the Court, in accordance with law, preferably within a period of one month from the date of production of a certified copy of this order.

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With the aforesaid directions/observations, this application stands partly allowed .

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Office is directed to communicate this order to the Court concerned forthwith.

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Order Date :- 11.4.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Smt. Mano Devi @ Manju Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Mano Devi @ Manju Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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