The High Court allowed a writ petition under Article 227, setting aside orders rejecting a protest petition against a final report. The Court directed the lower courts to reconsider the protest petition and relevant records to decide afresh.
Impugned orders dated 07.10.2021 and 19.10.2023 set aside; direction to reconsider protest petition and decide afresh.
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Neutral Citation No. - 2024:AHC:158509
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 675 of 2024
Petitioner :- Smt Geeta Rani Yadav Respondent :- State of U.P. Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, Sri Ratnesh Nandan Singh, learned A.G.A. for the State and perused the record.
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 07.10.2021 passed by the learned Chief Judicial Magistrate, Rampur in F.R. No. 335 of 2020 Smt. Geeta Rani Yadav Vs. Unknown arising out of Case Crime No. 646 of 2019 under Section 302 IPC, P.S.-Swar, District-Rampur and the impugned order dated 19.10.2023 passed by the learned Additional Sessions Judge, Court No. 1, Rampur in Criminal Revision No. 148 of 2021 Smt. Geeta Rani Yadav Vs. State of U.P. and to direct the learned Chief Judicial Magistrate, Rampur to pass appropriate order on the protest petition dated 15.09.2021 filed by the petitioner for further investigation of the case.
It has been submitted by learned counsel for the petitioner that the petitioner lodged an FIR bearing No. 0646 of 2019, under Section 302 IPC dated 13.09.2019 at Police Station-Swar, District-Rampur against unknown person as she was suspicious about murder of her husband while he was travelling in a train. After the investigation, as no incriminating material was found, the final report was submitted and against the said final report, petitioner moved the protest petition dated 15.09.2021 which was also rejected by the learned Chief Judicial Magistrate, Rampur.
The main submission of learned counsel for the petitioner is that the alleged investigation was evasive and the relevant material was not considered. The investigation did not disclose that it was homicidal death though several incised wounds were also found in his body. It has also been submitted that the grounds raised in the protest petition were also not considered before passing the impugned order.
Considering the aforesaid submissions made by learned counsel for the petitioner as well as material on record, the orders dated 07.10.2021 and 19.10.2023 are hereby set aside with the direction to the Court concerned to reconsider the protest petition filed by the petitioner as well as other relevant records and decide afresh, in accordance with law.
With the aforesaid directions, the petition is, accordingly, disposed of.
Order Date :- 27.9.2024 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned orders rejecting the protest petition against the final report should be set aside for reconsideration?
Whether the High Court should direct the lower court to reconsider the protest petition and decide afresh?
1 provisions across 1 enactments
Smt Geeta Rani Yadav
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
