Smt. Fula Devi vs State Of U.P. Thru. Its Secy. Home, ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55069
 
Court No. - 13
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6487 of 2023
 

 
Petitioner :- Smt. Fula Devi
 
Respondent :- State Of U.P. Thru. Its Secy. Home, Civil Secrtt., Lko. And Others
 
Counsel for Petitioner :- Suresh Chandra Srivastava,Vaibhav Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

1.Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.

2.In view of the proposed order, notice to respondents 2 to 5 is dispensed with.

3.By means of this petition, the petitioner has prayed for the following main relief :

"(i)Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 29.6.2022 passed by C.J.M. Sultanpur, in Crl. Case No.6222/2022 Fula Devi vs. Sri Pal & others, upholding the order dated 30.06.2023 passed by Additional District & Sessions Judge/F.T.C. Second, (14th Vitt Ayog) Sultanpur in Criminal Revision No.182/2022 Fula Devi vs. State of U.P. and others, contained as Annexure No.3 & 4 to this writ petition, in the interest of justice."

4.Learned counsel for the petitioner submits that regarding the incident which took place on 16.5.2022, the applicant has filed an application under section 156(3) CrPC before the Chief Judicial Magistrate, Sultanpur which has been directed to be registered as a complaint case and aggrieved by that order, he filed a revision which has also been dismissed. Feeling aggrieved, present petition has been filed.

It is submitted on behalf of the petitioner that on the same set of facts, on an application, the State Government has registered first information report at the instance of private respondents, as case crime No.0191 of 2022 under sections 34, 452, 323, 392, 354, 506 I.P.C., P.S. Lambhuwa, district Sultanpur whereas on the application given by the applicant, case has been directed to be registered as a complaint case, hence the present petition.

5.Learned A.G.A. has opposed the petition.

6.A perusal of the impugned order dated 29.6.2022 shows that the Chief Judicial Magistrate has passed the impugned order on the ground that all the facts pleaded in the application under section 156(3) CrPC are well within the knowledge of the complainant and no investigation is required regarding that as the complainant is well aware and versed with the respondents as well as the witnesses, and can prove the incident by giving her evidence. Hence, the learned Magistrate has directed the application to be registered as a complaint case.

On the contrary, first information report No.0191 of 2022 (supra) has been lodged under sections 34, 452, 323, 392, 354, 506 I.P.C.. There are two seriously injured and one girl has been molested who was medically examined, coupled with the fact that regarding the incident, the informant of that case has also dialed number 112 and the police came on the spot.

7.Submission of petitioner's counsel that the case of the private respondents has been registered as first information report whereas on the same set of facts, his application under section 156(3) CrPC has been directed to be registered as a complaint case is mis-conceived for the simple reason that the facts of both the cases are entirely different. There is no illegality in the impugned order, which is covered under the judgment in Sukhwasi versus State of U.P. 2007(59) ACC 739.

8.The petition lacks merit and is accordingly dismissed.

Order Date :- 21.8.2023

kkb/