SHRIDEV GUPTA AND 2 OTHERS v. State of UP AND ANOTHER
A227/15098/2024 · 2025-01-02
Saurabh Srivastava
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 108913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108913 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:955 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15098 of 2024 Petitioner :- Shridev Gupta And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashok Kumar Gupta Counsel for Respondent :- Ajay Kumar Srivastava,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ashok Kumar Gupta, learned counsel for the petitioners/proposed accused and Sri Ajay Kumar Srivastava,
learned counsel for respondent no.2/complainant as well as the learned standing counsel for the State respondents. 2. By means of this present petition, petitioners have challenged the impugned order dated 13.11.2024 passed by learned Sessions Judge, Pilibhit in Criminal Revision No. 145 of 2024 (Angoori Devi v. State of U.P. &others). 3. Brief facts of the present case are that the respondent no.2 moved an application under section 156(3) Cr.P.C. on 18.01.2021 before learned Additional Chief Judicial Magistrate, Pilibhit alleging that the petitioners herein, namely, Shridev Gupta, Ravindra Gupta, and Umesh Gupta consistently molested her and made obscene comments. She further alleged that on 03.07.2020, in absence of her husband, the accused entered into her house, assaulted her and attempted rape. Learned court concerned treated the application under 156(3) Cr.P.C as complaint case, whereupon statements of complainant under section 200 of Cr.P.C and witnesses under section 202 of Cr.P.C were recorded, but later on, learned court concerned dismissed the said complaint under section 203 of Cr.P.C. vide order dated 09.06.2023. Being aggrieved with order dated 09.06.2023 passed by learned Additional Chief Judicial Magistrate, Pilibhit in Complaint Case No.2596 of 2021, respondent no.2 preferred criminal revision along with application for condonation of delay and the same was allowed vide order dated 13.11.2024 which impugned the present petition. 4. At the very outset, learned AGA opposed the prayer as made in the petition and supported the impugned order by way of submitting that no prejudice has been caused to the petitioners by the order impugned. 5. On being queried, learned counsel for the petitioners has also not been able to explain as what prejudice has been caused to the petitioners through the order impugned. 6.
By bare perusal of the order dated 09.06.2023 passed by learned court concerned over the complaint preferred at the behest of respondent no.2 through which the complaint was dismissed under Section 203 Cr.P.C., meaning thereby, petitioners have not been summoned till today and the said order of dismissal of complaint passed under Section 203 Cr.P.C. was challenged before learned revisional court which was set aside vide impugned order dated 13.11.2024, and as such, no prejudice has been caused to the petitioners at this stage by way of allowing the revision preferred at the behest of respondent no.2 and remanding the matter to the concerned court to pass orders afresh in light of the observations made in the order impugned. 7. In view thereof, the instant petition lacks merit and is hereby dismissed.
Order Date :- 2.1.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad