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2025 DAILYLAW 112073 (ALL)

SMT. POOJA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A227/15879/2024 · 2025-03-03

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30727 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15879 of 2024 Petitioner :- Smt. Pooja And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Alok Kumar Kushwaha,Kritika Verma Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioners/proposed accused and learned AGA for the State-respondent. 2. By means of this present petition, petitioners have challenged the order dated 16.11.2024 passed by learned Addl. Sessions Judge/Fast Track Court No.3, Bulandshahar in Criminal Revision No. 227 of 2024 (Nisha 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. before learned Chief Judicial Magistrate, Bulandshahar against petitioners herein as proposed accused which was treated as complaint and registered as Complaint Case No.1688 of 2022, 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 22.05.2024. Being aggrieved with order dated 22.05.2024 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, Court No.3, Bulandshahar, respondent no.2 preferred Criminal Revision No.227 of 2024 before learned revisional court and the same was allowed vide order dated 16.11.2024 by way of remanding the matter back to the court concerned for passing fresh order in light of the observations made in the revisional order 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 22.05.2024 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 16.11.2024, 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 :- 4.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad