Sompal And 02 Others vs State Of U.P.
2018 Latest Caselaw 3221 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- MATTERS UNDER ARTICLE 227 No. - 7197 of 2018
 
Petitioner :- Sompal And 02 Others
 
Respondent :- State Of U.P.
 
Counsel for Petitioner :- Firdos Ahmad
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Chandra Dhari Singh,J.

Heard learned counsel for the petitioners and learned AGA for the State and perused the record.

Learned counsel for the petitioners has submitted that the allegations made in the complaint is that the complainant was at her dilapidated house for the cleaning purposes, in the meantime, on 15.11.2012 at 1.00 to 2.00 p.m., the petitioners came there, abused, teased and beaten to the complainant. The aforesaid incident was seen by Hote Lal and Jagan Lal. It is further submitted that after the aforesaid incident, when the complainant and her husband were going to lodge a report at police station concerned, on the way, the petitioners again met and beaten to the complainant, threatened and snatched 6 grams golden ornament and cash of Rs.3,500/- from them. The said incident was also seen by the witnesses. It is further submitted that the complainant Durga Devi in her statement recorded under section 200 Cr.P.C has not supported the allegations made in the complaint and has set up a new story, which is contradictory with the averments made in the complaint. It is also submitted that the learned Magistrate without considering the averments made in the complaint has passed the order of summoning dated 12.07.2013, there-against the petitioners have preferred the revision before the Special Judge (E.C.), Act, but the same was wrongly dismissed vide order dated 25.5.2018. Both the Courts below have committed an error in passing the orders impugned, which deserve to be set aside.

Learned AGA opposed the contentions raised on behalf of petitioners and submitted that the impugned orders have been passed after considering the facts and reasons stated in the complaint, statement recorded under section 200 Cr.P.C as well as statement of witnesses recorded under section 202 Cr.P.C. The Courts below passed the orders impugned after going through the material available on record, therefore, there is no illegality or error in the orders aforesaid, the instant writ petition deserves to be dismissed.

Considering the facts and circumstances of the case, I do not find any good ground to interfere in the matter.

Accordingly, the writ petition fails and is dismissed.

Order Date :- 11.10.2018

SFH