Allowed

Smt. Munni Devi Widow v. State of Up and 2 Others

Allahabad HC24 Sept 2024A227/6496/2024

Case brief

AI extract

What is this about?

The High Court set aside a recent order to affirm the 2019 direction treating the petitioner's protest petition as a complaint case, directing the lower court to proceed under Section 190(1)(b) Cr.P.C. and conduct an investigation under Section 202 Cr.P.C. after giving hearing to parties.

What did the court decide?

The order dated 08.02.2024 set aside; respondent directed to proceed as complaint case under Section 190(1)(b) Cr.P.C. after hearing; investigate under Section 202 Cr.P.C.

Smt. Munni Devi Widow vs State of Up and 2 Others — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:155743

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 6496 of 2024

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Petitioner :- Smt. Munni Devi Widow Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioner, Sri Ghanshyam kesarwani, learned A.G.A. for the State and perused the record.

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By means of the present writ petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 08.02.2024 passed by learned Additional Sessions Judge, Court No. 3, Shahjahanpur Criminal Revision No. 36 of 2020 (Smt. Munni Devi Vs. State of U.P. and others) as well as impugned order dated 05.02.2020 passed by learned Judicial Magistrate-II, Shahjahanpur in Misc. Case No. 02 of 2018 (Munni Devi Vs. Neetu Singh and others), arising out of Case Crime No. 147 of 2017, under Section 306 IPC, Police Station-G.R.P., District-Shahjahanpur.

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The instant matter arises out of an application moved by the petitioner under Section 156 (3) Cr.P.C. dated 07.06.2016 on the basis of which an FIR No. 1419 of 2017 under Section 306 IPC was registered at Police Station-Roja, District-Shahjahanpur against the respondent Nos. 2 and 3. After the investigation, the final report was submitted and against the said final report, the petitioner moved the protest petition vide order dated 20.05.2019, the final report was rejected and the protest petition was ordered to be treated as a complaint case.

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Aggrieved by the said order, the petitioner filed a Criminal Revision No. 142 of 2019 before the learned Additional Sessions Judge, Court No. 7, Shahjahanpur, which was allowed by the order dated 06.11.2019 and the matter was remanded back and ordered to be decided afresh after giving opportunity of hearing to both the parties. Against the said remand order, the revision was preferred which was also rejected vide order dated 08.02.2024.

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From the perusal of record, it transpires that vide order dated

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20.05.2019, the learned Judicial Magistrate-II, Shahjahanpur had rejected the final report and treated the protest petition filed by the petitioner as a complaint case to be proceeded under Section 190 (1)(b) Cr.P.C. The post mortem report of the deceased reveals several ante mortem injuries which needs to be investigated under Section 202 Cr.P.C. As the final report was already rejected and the protest petition was directed to be treated as a complaint case under Section 190 (1)(b) Cr.P.C.

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Accordingly, the order dated 08.02.2024 is hereby set aside affirming the order dated 20.05.2019 and the Court concerned is directed to proceed with the matter treating it as a complaint case under Section 190 (1)(b) Cr.P.C. which may be decided in accordance with law, after giving opportunity of hearing to both the parties, as expeditiously as possible, if there is no other legal impediment.

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With the aforesaid directions, the petition is, accordingly, disposed of.

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Order Date :- 24.9.2024 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Smt. Munni Devi Widow v. State of Up and 2 Others

Case brief

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Smt. Munni Devi Widow v. State of Up and 2 Others

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