Dismissed¶10

Smt Sheela v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC20 Feb 2025A482/1625/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application dismissed; rejection of Section 156(3) application by Chief Judicial Magistrate, Court No.9, Raebareli upheld as free from illegality; Criminal Revision No.62/2024 dismissal by Additional District & Session Judge, Raebareli confirmed; rape allegation against applicant's Jeth dated 29.9.2023; no illegality or impropriety found in either order; applicant given liberty to pursue alternative remedy; single-judge decision of Subhash Chandra Sharma, J.; neutral citation 2025:AHC-LKO:11181.

What did the court decide?

Liberty to the applicant to avail alternative remedy available to her. ¶10

Smt Sheela Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC-LKO:11181

¶2

Court No. - 14

¶3

Case :- APPLICATION U/S 482 No. - 1625 of 2025 Applicant :- Smt Sheela Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

¶6

The present application u/s 482 Cr.P.C. has been moved with a prayer to quash the impugned order dated 12.12.2024 passed by learned Additional District & Session Judge, Raebareli in Criminal Revision No.62/2024 (Sheela vs. Suresh Kumar and another) as well as order dated 20.01.2024 passed by learned Chief Judicial Magistrate, Raebareli in Criminal Misc. Case No.2262/2023 (Sheela vs. Suresh Kumar) whereby the application of the applicant moved under Section 156(3) Cr.P.C. has been rejected in an illegal and arbitrary manner, and the order dated 20.01.2024 passed by learned C.J.M., Court No.9, Raebareli has been confirmed.

¶7

It is submitted by the learned counsel for the applicant that an application under section 156(3) Cr.P.C was filed by the applicant before the learned Magistrate with allegation that on 29.9.2023 at about 7.00 P.M. when she was alone in her house her Jeth came there making query about her husband and she said that he was not present there. Thereafter, he caught the applicant and committed rape with her. When the applicant opposed assaulted by danda on his head, her Jeth left her and ran away while threatening to kill. It is further submitted that the learned court concerned passed the order on 20.01.2024 while rejecting the application without application of judicial mind. Against the order as aforesaid, a revision was filed before the court of learned Session Judge which was also dismissed, therefore, request to quash the order passed by the learned revisional court as well as learned Magistrate.

¶8

Learned A.G.A opposed the prayer and contended after perusing the material on record the the court concerned passed the order and the revisional court also dismissed the criminal revision. There is no illegality in the order but this application being devoid of merit is liable to be dismissed.

¶9

Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, the contents in the application under section 156(3) Cr.P.C, the order dated 20.1.2024 passed by the learned Chief Judicial Magistrate, Raebareli as well as the order passed by the learned revisional court, there appears no any illegality or impropriety in the orders but this application is devoid of merit and is liable to be dismissed.

¶10

Accordingly, the present application u/s 482 Cr.P.C. is dismissed with liberty to the applicant to avail alternative remedy available to her.

¶11

Order Date :- 20.2.2025.GS

¶12

Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad, Lucknow Bench

Smt Sheela v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Smt Sheela v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Sameena and Others Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. andORS.

Upendra Nath Srivastava Vs State of U.P. Thru. a.C.S./ Prin. Secy. (Home Deptt.) Lko.

Braj Kumar Shukla Vs State of U.P. and Anr.

Bhagwati Prasad and 2 Others Vs State of U.P. Thru. Prin. Secy. Civil Sectt. Home Lko. and Another

Tej Bahadur Singh Vs State of U.P. and 13 Ors.

Ashish Panday Vs State of U.P. Thru. Prin. Secy. Homes Govt. of Up and Ors.