The High Court dismissed an application under Section 482 Cr.P.C. held that the applicant had a remedy to file a private complaint following the precedent of Sakiri Vasu v. State of U.P., issuing a suitable direction accordingly.
Application dismissed; applicant directed to file a complaint case.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 930 of 2023
Applicant :- Smt. Kusum Lata Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application, the applicant is assailing the legality and validity of the order dated 25.01.2021 passed by the Chief Judicial Magistrate, Muzaffar Nagar whereby the applicant's 156(3) Cr.P.C. application was rejected by the C.J.M. concerned and when the same was challenged before the learned revisional court, Additional District and Sessions Judge, Court No.3, Muzaffar Nagar has confirmed the orders of learned C.J.M. concerned vide order dated 23.11.2022 rejecting the criminal revision.
I have perused the material available on record. There are two concurrent findings and there is a settled principal of law against the applicant in the case of Sakiri Vasu v. State of U.P., reported in (2008) 2 SCC 409 and the applicant has got a remedy to file a complaint. If so advised, the applicant may file complaint case which shall be decided by the court concerned in accordance with law.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 9.2.2023 Sumit S
Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad
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Sakiri Vasu v. State of U.P.Followed¶7
(2008) 2 SCC 409 · Who else cites this
1 provisions across 1 enactments
Smt. Kusum Lata
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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