SMT. SUNRA DEVI v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 6 OTHERS
A482/1856/2025 · 2025-02-28
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125536 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125536 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12256 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1856 of 2025 Applicant :- Smt. Sunra Devi Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 6 Others Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned AGA for the State. Notices to respondent no. 2 to 6 are dispensed with in view of the proposed order. Through this petition, the petitioner seeks the following relief:
"Wherefore, it is most respectfully submitted that this Hon'ble Court may kindly be pleased to quash the impugned order dated 05.10.2024, passed by the learned Additional Sessions Judge-1, Ambedkar Nagar, in Criminal Revision No. 79 of 2023 (Sunra Devi vs. Sipte Hasan and others) under Section 397 Cr.P.C., along with the impugned order dated 24.02.2023, issued by the learned Chief Judicial Magistrate, Ambedkar Nagar, in Case No. 62 of 2023 (Sunra Devi vs. Sipte Hasan and others), as contained in Annexures 1 and 2 to this petition, in the interest of justice." A perusal of the impugned order dated 24.02.2023 passed by the learned Chief Judicial Magistrate, Ambedkar Nagar as well as Revisional Court's order dated 05.10.2024 shows that the dispute between the parties is primarily civil in nature. Instead of initiating a civil suit, the petitioner has opted to file an application under Section 156(3) Cr.P.C., which was rejected after the police station concerned submitted a report confirming the civil nature of the dispute. There appears to be no illegality in the orders impugned. The petition is devoid of merit and is accordingly dismissed. Order Date :- 28.2.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench