Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 20 May, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:4171
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 125 of 2023
20th May, 2025
Lata ......Applicant
Versus
State of Uttarakhand and others ............Respondents
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Presence:-
Mr. Yogesh Upadhyay, Advocate for the applicant.
Mr. S.S. Chauhan, D.A.G. with Mr. Vikas Uniyal, B.H. for the
State.
Mr. Vikas Anand, Advocate for respondent no.3.
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Hon'ble Pankaj Purohit, J.
By means of the present C482 application, the
applicant has prayed for setting aside the order dated
18.07.2022, passed by learned Judicial Magistrate,
Kashipur in Misc. Criminal Case No.57 of 2021, Lata Vs.
Ravi Thakur and further to set aside the order dated
03.12.2022, passed by IInd Additional Sessions Judge,
Kashipur in Criminal Revision No.196 of 2022 and
further to reject the final report dated 28.12.2020.
2. Facts of the case in a nutshell are that
applicant is a married lady who was living separately
from her husband. Respondent no.3 taking advantage of
the situation established physical relations with her and
on false pretext of marriage got her pregnant on several
occasions, but in all the pregnancies the child were
aborted on the pressure of respondent no.3. The
applicant tried to lodge an F.I.R. against respondent
no.3, but Police refused to do the same, on which she
moved an application under Section 156(3) Cr.P.C. before
learned Additional Chief Judicial Magistrate, Kashipur
2025:UHC:4171
which was registered as Criminal Case No.97 of 2021, on
which learned Magistrate directed the Police for
registering the F.I.R. On the said investigation a Final
Report dated 28.12.2020 was submitted by the Police,
against which applicant filed a protest petition before the
court below in Misc. Criminal Case No.57 of 2021. On the
said misc. application learned Judicial Magistrate,
Kashipur vide order dated 18.07.2022 accepted the final
report, but refused to take action under Section 182 of
IPC. Feeling aggrieved from the said order, she filed a
Criminal Revision No.196 of 2022 before the court of
learned IInd Additional Sessions Judge, Kashipur, U.S.
Nagar, which too was dismissed by the said Judge vide
order dated 03.12.2022.
3. Learned counsel for the applicant would
submit that the court below without applying its judicial
mind accept the final report in a most mechanical
manner, whereas there is sufficient material available on
record, which proves commission of crime. The court's
below also committed error by not considering the
statement of applicant under Section 164 Cr.P.C., protest
petition as well as grounds taken in the revision.
4. Per contra, learned State counsel submits that
court's below did not commit any error by considering
the statement of applicant under Section 164 Cr.P.C.,
protest petition as well as grounds taken in the revision.
He further submitted that there is no illegality in the
orders passed by learned Magistrate who accepted the
final report as well as in the judgment and order of the
revisional court.
5. Having considered the submission made by
learned counsel for the parties and having gone through
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the records, this Court is convinced that there is no
illegality and impropriety in the judgment and order
passed by learned Magistrate whereby he accepted the
final report submitted by the police and rightly rejected
the protest petition filed by the investigating officer. The
learned revisional court has also dealt with the case in
great detail and on plausible reasons, rejected the
revision-petition and affirmed the order passed by
learned Magistrate dated 18.07.2022. Reasons assigned
by both the courts are quite convincing and need no
interference by this Court.
6. Accordingly the present C482 application is
dismissed.
7. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
20.05.2025
SK
