Fula Devi vs State of U.P. and 2 Others — Murder and Culpable Homicide | Allahabad HC (2025)

Fula Devi vs State of U.P. and 2 Others — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application pending; interim directions only — the impugned order dated 7th April, 2025 is stayed until the next date of listing (4th August, 2025); rejoinder affidavit, if any, may be filed within two weeks after the counter affidavits; matter listed on 4th August, 2025.

Issue for consideration

Whether the revisional court's order setting aside the Chief Judicial Magistrate's summoning order ought to be stayed, on the contention that at the summoning stage only a prima facie case is to be taken into consideration (which the Chief Judicial Magistrate had done, having already dealt with the post mortem report), whereas the revisional court took the post mortem report and the mode and manner of death into consideration.

Court's answer

Till the next date of listing (4th August, 2025), the impugned order dated 7th April, 2025 passed by the Additional Sessions Judge/ Special Judge, SC/ST Act shall remain stayed.

Ratio / Principle

Notice on behalf of opposite party no.1 accepted by the learned AGA, who is allowed four weeks' time to file counter affidavit.

Key takeaways

Notice to be issued to opposite party nos. 2 and 3, who may also file counter affidavits within the same four-week period.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 47), Hon'ble Avnish Saxena, J. — Application u/s 528 BNSS No. 17067 of 2025, Fula Devi v. State of U.P. and 2 others, order dated 11.6.2025: interim stay, till the next date of listing (4th August, 2025), of the order dated 7th April, 2025 of the Additional Sessions Judge/ Special Judge, SC/ST Act, Maharajganj in Criminal Revision No. 85 of 2024 (Saroj and another Vs. State of U.P. and another), whereby the accused's revision was allowed and the Chief Judicial Magistrate's summoning order in complaint case no. 8132 of 2022 (Phula Devi Vs. Saroj and another) — summoning opposite party nos. 2 and 3 for offence under Section 302 and 120B IPC — was set aside. Applicant contended that the revisional court wrongly took the post mortem report and mode/manner of death into account, whereas the Chief Judicial Magistrate's order dated 4th September, 2023 had already dealt with the post mortem report of the deceased Bahadur and, at the summoning stage, only a prima facie case is to be considered. Counter affidavits within four weeks (notice for opposite party no.1 accepted by the learned AGA; notice to be issued to opposite party nos. 2 and 3); rejoinder affidavit, if any, within two weeks thereafter.

Court No. - 47

Case :- APPLICATION U/S 528 BNSS No. - 17067 of 2025

Applicant :- Fula Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

Mr. Pradeep Kumar, Advocate appears on behalf of the applicant and submits that the impugned is order dated 7th April, 2025 passed by the court of Additional Sessions Judge/ Special Judge, SC/ST Act, Maharajganj in Criminal Revision No. 85 of 2024 (Saroj and another Vs. State of U.P. and another), whereby the revision of accused/ revisionist has been allowed and the summoning order passed by Chief Judicial Magistrate in complaint case no. 8132 of 2022 (Phula Devi Vs. Saroj and another) has been set aside, whereby the opposite party nos. 2 and 3 have been summoned for an offence under Section 302 and 120B IPC.

It is a contention of Sri Kumar that by judgement in revision the revisional court has taken into consideration the post mortem report and made an observation regarding the mode and manner of death, though the Chief Judicial Magistrate in his order dated 4^th September, 2023 has already dealt with the post mortem report of the deceased Bahadur. It is further submitted that while summoning the accused only prima facie case is to be taken into consideration, which has rightly been considered by the Chief Judicial Magistrate.

Learned AGA for the State is present.

Notice on behalf of opposite party no.1 has been accepted by learned AGA, who prays for and is allowed four weeks time to file counter affidavit.

Issue notice to opposite party nos. 2 and 3, who may also file counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this matter on 4^th August, 2025.

Considering the submission made by Sri Kumar, this Court is of the view that till the next date of listing, the impugned order dated 7th April, 2025 passed by Additional Sessions Judge/ Special Judge, SC/ST Act shall remain stayed.

Order Date :- 11.6.2025 Abhishek Sri.

(Avnish Saxena,J.)

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad