SMT. SOMWATI VASHNEY v. STATE OF U.P. AND 8 OTHERS
A482/42544/2024 · 2025-05-15
Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110540 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110540 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81754 Court No. - 87 Case :- APPLICATION U/S 482 No. - 42544 of 2024 Applicant :- Smt. Somwati Vashney Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Rajesh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Shri A.K. Mishra, learned counsel for the applicant and Shri Shashidhar Pandey, learned AGA for the State respondents. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of impugned orders dated 21.08.2024 and 10.11.2023 passed by Sessions Judge, Hathras in Revision No.160 of 2023, P.S. Hathras Junction, District Hathras and Chief Judicial Magistrate, Hathras in Complaint Case No.954 of 2023. 3. Facts which emerge from the record are the applicant has filed an application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Hathras for lodging of an FIR on which a report was called from the concerned police station and the police has submitted a report that for the said incident one NCR being NCR No.38 of 2023, under Sections 323, 504 IPC has already been registered. Thereafter, the Court concerned has directed the Investigating Officer to investigate the matter in the light of facts mentioned in the application under Section 156 (3) Cr.P.C. vide order dated 10.11.2023. Aggrieved by the said order the applicant has preferred a Criminal Revision before the District and Sessions Judge, Hathras, which too has been dismissed. Both the orders have been assailed by means of this application. 4. Learned counsel for the applicant submits that both the incidents are of different dates and as per the contents of application under Section 156 (3) Cr.P.C. cognizable offence is made out against opposite party no.2 but without considering the material available on record the Court concerned has passed the impugned order dated 10.11.2023. He further submits that the revisional Court has also over looked the said facts and committed error in passing the order dated 21.08.2024. 5. Per contra, learned AGA submits that both the orders passed by the trial Court as well as revisional Court are perfectly justified and requires no interference by this Court. 5. After hearing learned counsel for the parties and perusing the record, I find no illegality or infirmity in the impugned orders passed by both the Courts below. 6. Accordingly, the instant application is, accordingly, dismissed.
Order Date :- 16.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad