Zainab @ Iram vs State Of U.P. And 2 Others
2022 Latest Caselaw 12095 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 21252 of 2022
 

 
Applicant :- Zainab @ Iram
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Shams Uz Zaman,Imaran Ahmad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Ms. Ankita Kashyap, a young Advocate, holding brief of Sri Shams Uz Zaman, Advocate for applicant, is appearing for the first time in an application filed under Section 482 Cr.P.C. She submits that applicant is a lady, who has filed an application under Section 156(3) Cr.P.C. against her husband alleging that he thrown acid on her as well as on her sister, however,it was not fall on them. Despite being a serious allegation where police investigation is required, Trial Court treated the said application as a complaint and directed applicant to record her statement under Section 200 Cr.P.C. She further submits that applicant's revision has also been dismissed by Revisional Court.

2. At the first stroke the argument of applicant appears to be attracted, however, considering the reason given by Trial Court for treating the application as a complaint that applicant has knowledge of facts, therefore, the police investigation is necessary. The reasoning given is also supported by judgments passed by this Court in Sukhwasi vs. State of U.P., 2007(6) ALJ 424 and Supreme Court's decision in Priyanka Srivastava and another vs. State of U.P., (2015) 6 SCC 287. Therefore, since the applicant has knowledge of all the facts, which can be submitted at the stage of recording her statement under Section 200 Cr.P.C. as well as the statement of witness under Section 202 Cr.P.C. and in case a case is made out Trial Court can summon Opposite Parties no. 2 and 3.

3. In view of above, I do not find any illegality in the impugned order. However, applicant is directed to appear before Trial Court on 19th September, 2022 and Trial Court shall take endeavour to record her statement and in case of any difficulty a short next date may be fixed.

4. With the aforesaid observation, the application is disposed of.

Order Date :- 5.9.2022/AK

(Sl. No. 61 of fresh list containing 271 cases)