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Neutral Citation No. - 2025:AHC:121641 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43488 of 2024 Applicant :- Smt Rashami Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 28.08.2024 passed by the Additional Chief Judicial Magistrate/Additional Civil Judge (S.D.) Court No.5, Kanpur Nagar in application No.4449 of 2023 (Smt. Rashami Mishra Vs. Sipahi Lal and others), Police Station Narwal, District Kanpur Nagar by which the application u/s 156(3) of Cr.P.C. filed by the applicant has been rejected.
3. Counsel for the applicant submits that application filed under Section 156(3) Cr.P.C. of the applicant was rejected by trial court vide order dated 28.08.2024. The
order passed by the trial court is abuse of process of Court.
4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submitted that the order passed by the trial court is just and proper and do not suffer from any illegality or infirmity and no interference is warranted, at this stage.
5. Considering the statement of applicant's counsel, learned AGA and perused the record, it is evident that the order passed by the Additional Chief Judicial Magistrate/Additional Civil Judge (S.D.) Court No.5, Kanpur Nagar, is just and proper and it does not contain any illegality. In view of judgement passed by full Bench in the case of Father Thomas Vs. State of U.P. and others, 2010 SCC Online All 2438, the applicant has remedy provided under Cr.P.C. to file application with regard to their grievances. The present application is not maintainable.
6. The present 482 application is dismissed with the aforesaid observation.
Order Date :- 24.7.2025/Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad