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Neutral Citation No. - 2025:AHC:63704 Court No. - 87 Case :- APPLICATION U/S 482 No. - 39426 of 2024 Applicant :- Sanjida Begum Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Mithilesh Kumar Ojha, learned counsel for the applicant and Sri S.D. Pandey, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing judgment and order dated 31.08.2024 passed by Additional Sessions Judge (Dacoity Affected Area), Budaun in Criminal Misc. Case No.679 of 2024 whereby his application under Section 156(3) Cr.P.C. has been treated as a complaint case. 3. Learned counsel for the applicant submitted that the accused persons are the police officials and when the applicant approached the concerned police station to lodge an FIR against them, police did not take any action, so she was left with no other option but to file an application u/s 156(3) Cr.P.C.. He submitted that the said application has been treated as complaint by the impugned order and the applicant is aggrieved with the said order as she has the apprehension that fair and speedy investigation would not be conducted in the matter. He further submitted that the accused persons, who are police officials, are putting pressure on the applicant to withdraw the case. 4. Per contra, learned A.G.A. submitted that the impugned order suffers from no illegality, infirmity and impropriety so as to warrant any interference by this Court. He submitted that the court below has passed the impugned order well within his jurisdictional limitation after analyzing the evidence available on record in its right perspective. He further submitted that the trial court has every right to treat an application u/s 156(3) Cr.P.C. as a complaint case. To buttress his argument, he has placed reliance on judgments passed in Priyanka Srivastava and another vs. State of U.P. and others, (2015) 6 SCC 287 and in Rameshbhai
Pandurao Hedau vs. State of Gujarat, (2010) 4 SCC 185. 5.
Having heard the rival submissions advanced on behalf of the parties, after perusing the record and also taking into account the ratio laid down by Hon'ble Apex Court, I find no illegality, infirmity or impropriety in the impugned order and there seems no good ground to interfere with the same. The instant application is devoid of merits. 6. Accordingly, the instant application stands dismissed. Order Date :- 25.4.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad