Dismissed

Abhilasha Singh v. State of Up and Another

Allahabad HC2 Jul 2024A227/7814/2024

Case brief

AI extract

What is this about?

Informant challenged orders rejecting her objection to a charge-sheet that omitted Section 376 IPC while taking cognizance under Sections 427, 504 IPC and the Dowry Prohibition Act. The High Court found no scope for interference and dismissed the petition.

What the court decided

AI extract

Abhilasha Singh vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164466

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 7814 of 2024

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Petitioner :- Abhilasha Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Vikrant Gupta Counsel for Respondent :- G.A.,Mazhar Ullah

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Vikrant Gupta, learned counsel for the petitioner, Sri Mazhar Ullah, learned counsel for the respondent no.2 and learned A.G.A. for the State.

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This petition under Article 227 of the Constitution of India has been preferred for challenging the order dated 12.04.2023 passed by learned Chief Judicial Magistrate, Rampur, through which objection application dated 01.04.2023 preferred on behalf of the petitioner/informant has been rejected as well as order dated 13.05.2024 passed by learned Additional District Judge, Court No.2, Rampur in Criminal Revision No.106 of 2023 (Abhilasha Singh vs. Yogesh and Another), through which order dated 12.04.2023 has been upheld.

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It is the case of the petitioner/informant that initially an F.I.R. has been lodged by herself against seven named accused persons including respondent no.2 as Case Crime No.112 of 2022, under sections 376, 504 I.P.C. and sections 3/4 Dowry Prohibition Act, Police Station Tanda, District Rampur, and thereafter after conducting the detailed inquiry, concerned Investigating Officer submitted charge-sheet no.285B of 2022 on dated 01.01.2023 only under sections 427, 504 I.P.C. and sections 3/4 Dowry Prohibition Act and omitted section 376 I.P.C., upon which cognizance has been taken by learned concerned court vide order dated 27.04.2023. Being aggrieved with the above charge-sheet, petitioner/informant preferred an objection application on dated 01.04.2023 praying therein to further take cognizance against the petitioner under section 376 I.P.C., which has been dismissed by learned court of Chief Judicial Magistrate, Rampur vide order dated 12.04.2023, being aggrieved with the same, petitioner preferred a criminal revision, which has also been dismissed by learned concerned court vide order 13.05.2024, which impugned the present petition.

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Learned counsel for the petitioner submitted that the impugned order dated 12.04.2023 passed by learned court concerned is cryptic and illegal because the same has been passed without appreciating the facts and documentary evidence available on record, and the same has been affirmed by learned revisional court vide order dated 13.05.2024, which is not sustainable in the eye of law and as such the same are liable to be set-aside.

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Per contra, learned A.G.A. vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for petitioner by way of supporting the impugned orders dated 12.04.2023 and 13.05.2024 passed by learned court concerned as well as learned revisional court and submitted that impugned orders have been passed after considering the complete facts and material available on record and as such there is no illegality and infirmity in the orders impugned.

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Considering the facts and circumstances of the case, there is no scope of interference by this Court in the orders impugned and as such the petition lacks merit and is hereby dismissed .

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Order Date :- 16.10.2024 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Abhilasha Singh v. State of Up and Another

Case brief

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Abhilasha Singh v. State of Up and Another

Case brief

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