Petitioner challenged the revisional setting aside of her summoning order under Sections 376 and 506 IPC, alleging lack of judicial mind by the Sessions Judge. The High Court found no illegality, noting a prior charge-sheeted FIR and absence of medical report, and dismissed the petition.
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Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 1672 of 2024
Petitioner :- Km Jyoti Respondent :- State of U.P. and Another Counsel for Petitioner :- G.A.,Rajesh Kumar Pandey,Rinku Kumar
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The instant petition under Article 227 of the Constitution of India has been filed seeking the following reliefs:-
"(i) Issue a writ, order or direction to set aside the order dated 14.12.2023 passed by learned Additional Session Judge (Fast Track Court) Court No. 1, Bulandshahr in Criminal Revision No. 198 of 2023 (Manoj Versus State of U.P. and Another) in complaint case no. 7010 of 2022 (Km. Jyoti Vs. Manoj) under sections 376, 506, I.P.C. P.S. Kotwali Dehat District Bulandshahr, pending in the court of learned Additional Chief Judicial Magistrate Bulandshahr;"
Brief facts of the case are that the petitioner had moved an application under Section 156(3) of Cr.P.C., which was treated as a complaint case and after recording the statement of the complainant and the witnesses on oath under Section 200 and 202 Cr.P.C., the respondents were summoned to face the trial under Sections 376, 506 I.P.C., vide order dated 01.03.2023 passed by the Additional Chief Judicial Magistrate. Thereafter, the respondents filed a criminal revision before the Additional Sessions Judge which was allowed and the summoning order dated 01.03.2023 was set aside.
The main submission of learned counsel for the petitioner that the Additional Sessions Judge has set aside the summoning order dated 01.03.2023 without application of judicial mind despite that fact that the allegations disclose the commission of a cognizable offence.
Learned AGA has opposed the petition and submitted that previously, the petitioner had lodged an FIR being Case Crime No. 609 of 2022 under Sections 354 and 506 IPC and the charge-sheet has been filed. Now, the petitioner wants to lodge another FIR against the same respondent/accused with ulterior motive. From
the statement recorded U/s 200 Cr.P.C., it transpires that despite family discord, the petitioner victim entertained the respondent accused when no other member was in the house.
From perusal of the records and the order impugned, it transpires that the petitioner has already lodged a case being Case No. 609 of 2022 in which charge-sheet has already been filed. The complaint is based on false and frivolous allegations lodged with an ulterior motive. There is no medical report filed on record regarding the alleged incident. Accordingly, this court does not find any illegality in the order impugned.
No interference is required and accordingly, the writ petition is dismissed .
Order Date :- 17.7.2025 Aditya Tripathi
Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Additional Sessions Judge erred in setting aside the summoning order issued on a complaint under Sections 376 and 506 IPC.
Whether the complaint was barred or mala fide given an earlier FIR and charge-sheet for the same accused.
5 provisions across 4 enactments
Km Jyoti
State of U.P.
Manoj
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
