Smt. Ombeeri vs State Of U.P. And 2 Others
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Allahabad High Court

Smt. Ombeeri vs State Of U.P. And 2 Others on 19 February, 2025

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:24397
 
Court No. - 79
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7714 of 2023
 

 
Petitioner :- Smt. Ombeeri
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Abhishek Yadav,Tulsi Singh Yadav
 
Counsel for Respondent :- G.A.,Saurabh Kumar
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Sri Abhishek Yadav, learned counsel for petitioner; Sri Saurabh Kumar, learned counsel for respondent nos.2 and 3 and learned AGA for the State.

2. The instant petition has been preferred with following prayers:-

"i. Issue, order or direction in the nature of quashing/set aside the impugned judgment and order dated 12.05.2023 passed by the Session Judge, Muzaffar Nagar in Criminal Revision No.222 of 2022 (Ombeeri v. Guddu and others) (Annexure no.4 to the petition) and including the impugned order dated 05.09.2022 passed by Chief Judicial Magistrate, Muzaffar Nagar in application under Section 156(3) of Cr.P.C. No.304/2021, Police Station Purkazi, District Muzaffar Nagar (Ombeeri v. Kallu and others) (Annexure No.2 to the petition)

ii. Issue any such and further suitable writ, order or direction which this Hon'ble Court may deem fit and proper considering all the facts and circumstances of the case."

3. Learned counsel for petitioner submitted that the visera report has not been sent of the petitioner by the Investigating Officer and authority concerned. He further submits that both the impugned orders dated 12.05.2023 and 05.09.2022 passed by the court below against the petitioner which is arbitrary, without application of judicial mind ignoring the evidence and material available on record.

4. Learned AGA vehemently opposed the prayer sought through the instant petition.

5. After hearing the learned counsel for the parties and upon perusal of record, it appears that entire evidences had already been examined by learned trial court as well as by learned revisional court, there is no scope of any interference in the impugned order dated 12.05.2023 passed by learned Session Judge, Muzaffar Nagar and after considering the entire material available on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the petitioner.

6. Accordingly, I do not find any infirmity in the order dated 12.05.2023 and as such the instant petition stands dismissed.

Order Date :- 19.2.2025

A.N. Mishra