Disposed¶17

Munni Devi v. State of Up and 5 Others

Allahabad HC10 Sept 2025A482/16274/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing; Section 156(3) Cr.P.C. application treated as complaint case; Section 202(1) Cr.P.C. enquiry or investigation by Magistrate; Chief Judicial Magistrate Kanpur Dehat; Miscellaneous Case No. 199 of 2024; Munni Devi Vs. Brijesh and others; FIR registration; complaint procedure; Police Station Akbarpur; District Kanpur Dehat; Nand Prabha Shukla, J.; Allahabad High Court; Application U/S 482 No. 16274 of 2024.

What did the court decide?

Application under Section 482 Cr.P.C. disposed of with a direction to the court concerned that if the matter proceeds as a complaint case, it shall be decided in accordance with the procedure under Section 202(1) Cr.P.C. ¶17

Munni Devi Vs State of Up and 5 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 16274 of 2024

Munni Devi

.....Applicant(s)

Versus

State Of Up And 5 Others

¶7

.....Opposite Party(s)

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Counsel for Applicant(s) : Ashutosh Mishra, Shailendra Kumar Ojha Counsel for Opposite Party(s) : G.A. Court No. - 78

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HON'BLE NAND PRABHA SHUKLA, J.

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

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The present application under Section 482 Cr.P.C. has been filed with a prayer to allow this application and to quash the order dated 15.03.2024 passed by Chief Judicial Magistrate, Kanpur Dehat in Miscellaneous Case No. 199 of 2024 (Munni Devi Vs. Brijesh and others) under Section 156(3) Cr.P.C., Police Station Akbarpur, District Kanpur Dehat, pending in the Court of Chief Judicial Magistrate, Kanpur Dehat by which the application treated as complaint.

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It has been submitted by learned counsel for the applicant that an application under Section 156(3) Cr.P.C. was moved by the applicant before Chief Judicial Magistrate, Kanpur Dehat to lodge an FIR against the respondent nos. 2 to 6 but vide order dated 15.05.2024 the same has been registered as a complaint case. It has been submitted that the matter needs to be investigated.

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Per contra, learned AGA for the State has submitted that section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer.

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Accordingly, it is hereby directed to the court concerned that in case the matter proceeds as a complaint case, the court shall decide the matter in accordance with the procedure provided under Section 202(1) Cr.P.C.

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A482 No. 16274 of 2024

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With the aforesaid directions, the application u/s 482 Cr.P.C. is disposed of.

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(Nand Prabha Shukla,J.)

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September 11, 2025

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Puspendra

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