Smt. Phoolmati and 2 Others vs the State of U.P. Thru. Its Prin. Secy. Home Sectt. Lko. and 3 Others

Court No. - 27

Case :- APPLICATION U/S 482 No. - 5457 of 2025

Applicant :- Smt. Phoolmati And 2 Others Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Sectt. Lko. And 3 Others Counsel for Applicant :- Pratap Singh Mehra,Dheeraj Kumar Yadav,Mohammad Gulfam Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Present application has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayers:-

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"i. to set aside the Charge Sheet No. 01 dated 05.06.2024 arises out of Crime No. 0151/2024 under Section 341, 504, 506 IPC, P.S. Wazirganj, Lucknow registered as Case No. 28550 of 2024 (State vs. Smt. Phoolmati and others) (contained in annexure-1).

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ii. to set aside the summoning order dated 18.12.2024 passed by learned VIIth Additional Chief Judicial Magistrate, Court No. 31, Lucknow in Case No. 28550 of 2024 (State vs. Smt. Phoolmati and others) under Section 341, 540, 506 IPC, P.S. Wazirganj, District Lucknow (contained in annexure-2)"

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iii. any other and further relief which this Hon'ble Court deem fit and proper in the circumstances in favour of petitioners as against the opposite parties beside the cost of this petition and further be pleased to stay the further proceedings of Case No. 28550 of 2024 (State vs. Smt. Phoolmati and others) pending in the court of learned VIIth Additional Chief Judicial Magistrate, Court No-31, Lucknow."

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Brief facts of the case are that an FIR dated 04.05.2024 has been lodged under Sections 341, 504, 506 IPC by the respondent no. 4 against the applicants alleging therein that on 03.05.2024 at around 1.00 pm, when the respondent no. 4 was going to a chamber in the civil court, she was abused and threatened by the applicants and from the reliable sources, she had come to know that the applicants had called some people from outside for vacating the house of the respondent no. 4 so there are chances of occurrence of a serious incident at tonight. The Police after investigation had filed the charge sheet in all the sections mentioned in the FIR and the court concerned after taking cognizance has issued summons against the applicants and feeling aggrieved by the same, the present application has been preferred.

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Learned counsel for the applicants has submitted that the father of the respondent no. 4 (Sri K.P. Rathore had filed a suit for partition/declaration/permanent injunction against

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one Smt. Rupa Devi, who is mother in law of the applicant no. 1 and grand mother of applicant nos. 2 & 3 on the basis of Will alleged to be executed by his father. The suit was listed before the court concerned on 03.05.2024 and when the applicant no. 1 had gone there to attend the proceedings, she was dragged, beaten and abused by the respondent no. 4 along with her female colleagues.

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It is further submitted that the applicant no. 1 immediately approached the Police Station, Wazirganj for lodging the FIR against the respondent no. 4 and her unknown colleagues but the FIR was not lodged and under these compelling circumstances, the applicant no. 1 had moved a representation which was sent through registered post addressed to the S.H.O, P.S. Wazirganj on the very same day i.e. 03.05.2024, which has been enclosed as Annexure no. 4 to the paper book.

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It is further submitted that the respondent no. 4 had come to know about the same that the applicant no. 1 had gone for lodging of the FIR so on the next day at around 02.30 pm, she lodged an FIR against the applicants.

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It is further submitted that just to pressurize the applicants, a frivolous FIR was lodged, whereas a civil dispute is going on between the parties pertaining to the property i.e. house in which both the parties are residing.

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Learned AGA is unable to dispute the submissions made by learned counsel for the applicants.

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The matter requires consideration.

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Issue notice to the respondent no. 4.

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As prayed, a week's time is granted for taking steps.

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List this case in the week commencing 18.08.2025.

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Office is directed to submit service report by the next date of listing.

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Till the next date of listing, further proceedings of Case No. 28550 of 2024 (State vs. Smt. Phoolmati and others) pending in the court of learned VIIth Additional Chief Judicial Magistrate, Court No-31, Lucknow, shall remain stayed.

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Order Date :- 7.7.2025 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Smt. Phoolmati and 2 Others v. the State of U.P. Thru. Its Prin. Secy. Home Sectt. Lko. and 3 Others

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Smt. Phoolmati and 2 Others v. the State of U.P. Thru. Its Prin. Secy. Home Sectt. Lko. and 3 Others

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