Smt. Kalpana Garg vs State Of U.P. And 5 Others
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Allahabad High Court

Smt. Kalpana Garg vs State Of U.P. And 5 Others on 23 May, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:88274
 
Court No. - 81
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4740 of 2025
 

 
Petitioner :- Smt. Kalpana Garg
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Brij Bhushan Upadhyay
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J. 
 

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

The present petition under Article 227 of the Constitution of India has been filed with following prayer:

(i) Issue a writ, order or direction in an appropriate nature setting aside the impugned Judgment and order dated 05.03.2025 passed by Special Judge, (D.A.A. Act)/Additional Sessions Judge, Court No.3, Agra in Criminal Revision No.983 of 2024 (Smt. Kalpana Garg vs. State of U.P. and others) and order dated 05.10.2024 passed by Chief Judicial Magistrate, Agra in Misc. Case No.188 of 2021, Smt. Kalpana Garg vs. State of U.P. and others) and order dated 05.10.2024 passed by Chief Judicial Magistrate, Agra in Misc. Case No.188 of 2021, Smt. Kalpana Garg vs. Kewal Ram Chandani and others).

(ii) Issue an order or direction in an appropriate nature directing the learned Court below to reconsider the complaint and summon the respondents no.2 to 6 for facing trial under sections 354, 323, 504, 506, 120-B, 34 IPC and punish them in accordance with law.

(iii) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances existing in the present case.

(iv) Award the cost of this writ petition in favour of the petitioner throughout.

It has been submitted by learned counsel for the petitioner that an application was moved by the petitioner under section 156(3) Cr.P.C. for lodging of the FIR against the respondent nos. 3 to 6 which has been rejected and the revision preferred has also been dismissed. Recently, the Hon'ble Apex Court decision in XYZ vs. State of M.P. and others, (2023) 9 SCC 705, has observed that it is the duty of a Magistrate to order a police investigation when a complaint, prima facie, discloses a cognizable offence and especially crucial in cases of sexual assault or harassment where the victim should not be further burdened by the need to pursue the matter.

Considering the aforesaid facts and in light of the observation of Hon'ble Apex Court, it is provided that in case a fresh application is moved by the petitioner under section 156(3) Cr.P.C. for lodging of the FIR, the same be decided in accordance with law.

With the aforesaid direction/observation, the present petition is disposed of.

Order Date :- 23.5.2025

Monika