The Allahabad High Court dismissed a criminal miscellaneous writ petition challenging orders upholding the dismissal of a rape complaint. The court found the orders legal as the material on record lacked confidence due to unexplained five-year delay, contradictory statements, and absence of medical reports.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:171287
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 1699 of 2023
Petitioner :- Sindhu Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak Counsel for Respondent :- G.A.,Pramod Kumar Maurya
Hon'ble Subhash Chandra Sharma,J.
(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 07.10.2022 passed by Additional Session Judge District Gorakhpur in criminal revision No. 110 of 2022 & and order dated 21.05.2022 passed by the Additional Chief Judicial Magistrate, First District Gorakhpur in complaint case No. 3506 of 2019, under Section 376, 511, 307, 323, 504, 506 I.P.C. (Sindhu Devi Vs Priyanka Devi and others) Police Station Gulriha, District Gorakhpur to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directed to the court below pass a fresh order accordance with law in complaint case No. 3506 of 2019 under Section 376, 511, 307, 323, 504, 506 I.P.C. (Sindhu Devi Vs. Priyanka Devi and others) Police Station Gulriha, District Gorakhpur.
learned court of session which was also rejected without considering the material on record which cannot be said to be lawful, therefore, requested to set aside the orders passed by the learned Magistrate as well as the learned Sessions court and to allow the petition.
natural that respondent No. 2 the wife would permit her husband to commit rape with some other lady in her presence. In this way, the material on record does not inspire confidence regarding the statement as made by the complainant and other witnesses.
Order Date :- 24.8.2023 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned orders dismissing the complaint and the revision are illegal or against the material on record given the delay in filing the application.
Whether the materials recorded by the courts below inspire confidence regarding the complainant's statement.
Sindhu Devi
State Of U.P.
Respondent No. 2 and Others
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
