Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 123907 (ALL)

SMT. RADHA DEVI v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

A482/2163/2025 · 2025-03-10

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14358 Court No. - 13 Case :- APPLICATION U/S 482 No. - 2163 of 2025 Applicant :- Smt. Radha Devi Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application has been filed with the prayer to quash the order dated 14.08.2023 passed by Additional Sessions Judge/ FTC-1, Gonda, in Criminal Revision No.152/2022 "Smt. Radha Devi Vs. State of U.P. and Others" whereby and also quash the order dated 30.03.2022 passed by the Civil Judge (Junior Division)/ FTC (Naveen), Gonda in Case No.3485/2022 "Smt.Radha Devi Vs. Jai Prakash and Others" 3. Learned counsel for the applicant submits that the application under Section 156(3) CrPC was moved before the Magistrate concerned for lodging of the FIR but the same was treated as a complaint, thereafter, the said order was challenged before the Revisional Court and the revision was also dismissed. He further submits that the grand-mother of the applicant died on 04.12.2019 but the private respondent documented a fabricated will deed dated 19.09.2020 which is highly improbable, therefore, matter requires consideration. 4. Learned AGA has vehemently opposed the prayer of applicant and submitted that these facts are known to the applicant and same can be narrated before the trial court at the appropriate stage, therefore, no interference of this Court is required at this stage. 5. Considering the submissions of learned counsel for the parties, going through the contents of application, as well as other relevant documents, as the alleged will deed was executed on 19.09.2020 and the executor had died on 04.12.2019. All these facts can be established on the basis of documents as well as statements before the trial court. In such circumstances, I am of the view that there is no illegality in the order passed by the trial court. 6. Accordingly, the present application is hereby dismissed. Order Date :- 10.3.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench