Disposed

Smt Ruchi v. State of U.P. and 4 Others

Allahabad HC30 Jul 2024A227/8568/2024

Case brief

AI extract

What is this about?

Single-judge bench allowed the writ petition under Article 227 by not disposing of the request to set aside the lower court's rejection of the Section 156(3) application. Instead, it remitted the matter for the petitioner to file a fresh complaint under Section 190 Cr.P.C.

What did the court decide?

Petitioner directed to file a fresh complaint under Section 190 Cr.P.C. within one month with complete details.

Smt Ruchi vs State of U.P. and 4 Others — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:122160

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 8568 of 2024

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Petitioner :- Smt Ruchi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Bhusan Kushwaha,Jagdev Singh

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Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause during the course of the day.

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Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

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The present writ petition under Article 227 of the Constitution of India has been filed filed by the petitioner with the following prayers:

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"I. It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned order dated 18.05.2024 passed by Additional District and Sessions Judge, Court No.3, Amroha passed in Criminal Revision No.17 of 2024 (Smt. Ruchi v. State of U.P. and others) (Annexure no.1 by which the revision preferred by the petitioner was rejected as well as the impugned order dated 20.12.2023 passed by learned Additional Judicial Magistrate-II, Amroha, passed in Misc. Case No.1208 of 2023 (Smt. Ruchi v. Rajaram Singh and others) by which an Application 156(3) Cr.P.C. filed by the petitioner has been rejected.

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II. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

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It has been submitted by learned counsel for the petitioner that an Application u/s 156(3) Cr.P.C. was moved for lodging of the FIR against the respondent nos.2 to 5, alleging that the property of her husband which devolved in her favour after husband's death was sold by Rajaram (her father-in-law) in favour of his wife Smt. Sheela by executing a forged gift deed who had no ownership right over the property. It has been submitted that the learned court below without considering the facts and circumstances, rejected the Application u/s 156(3) Cr.P.C. observing that the dispute is basically civil in nature. Being aggrieved against the said order, the petitioner preferred a criminal revision, which has also been

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rejected.

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Considering the aforesaid facts and circumstances of the case, learned counsel for the petitioner has got an alternative remedy to lodge a complaint under Section 190 Cr.P.C.

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In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 190 Cr.P.C. within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment.

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With the aforesaid directions, the petition is disposed of.

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Order Date :- 30.7.2024 A.N. Mishra

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Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Smt Ruchi v. State of U.P. and 4 Others

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What is this about?

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Smt Ruchi v. State of U.P. and 4 Others

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