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2025 DAILYLAW 109852 (ALL)

SMT. GUDIYA v. State of U.P. AND 4 OTHERS

A227/15309/2024 · 2025-01-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11611 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15309 of 2024 Petitioner :- Smt. Gudiya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vikas Yadav Counsel for Respondent :- Alauddin,Fakhruddin,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition under Article 227 of the Constitution of India has been preferred for challenging the order dated 21.10.2023 passed by learned Chief Judicial Magistrate, Sant Kabir Nagar in Misc. Case No.500 of 2023 (Smt. Gudiya vs. Govind and Others), through which application under section 156(3) preferred on behalf of the petitioner has been treated as compliant case as well as order dated 26.07.2024 passed by learned Session Judge, Sant Kabir Nagar in Criminal Revision No.92 of 2023 (Smt. Gudiya vs. Govind and Others), through which order dated 21.10.2023 has been upheld. 3. Learned counsel for the petitioner submitted that the order through which application under section 156(3) Cr.P.C. has been treated as complaint case is illegal and against the law and the same has been put under challenge while preferring criminal revision, but the same was also dismissed on illegal grounds and as such the impugned orders are liable to be set-aside. 4. Per contra, learned counsel for the respondents vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioner by way of supporting the judgements passed by learned Chief Judicial Magistrate, Sant Kabir Nagar and learned revisional court. 5. After hearing the rival submissions extended by learned counsel for the parties and by bare perusal of record, it is crystal clear that no prejudice has been caused to the petitioner by way of treating the application under section 156(3) Cr.P.C. as a complaint case. 6. In view of the above, this petition lacks merit and is hereby dismissed. Order Date :- 23.1.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad