UMA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/2615/2025 · 2025-04-05
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129886 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129886 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19058 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2615 of 2025 Applicant :- Uma Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Alok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-
"Wherefore, it is most humbly and respectfully prayed that the Hon'ble court may kindly be pleased to set-aside/quash the impugned order dated 14.10.2024 passed by the Court of learned Additional Sessions Judge-VIIth/Special Judge (NDPS Act), Raebareli in Criminal Revision No. 184/2024( Jitendra Kumar Vs. State of U.P. and another) as contained in Annexure no. 1 to this petition, in the interest of justice. " On being asked learned counsel for the applicant as to what is the illegality in the revisional order dated 14.10.2024, he has replied that only illegality in the revisional order dated 14.10.2024 is that revisional Court has set aside the summoning order dated 14.03.2023. On the other hand, learned A.G.A. has submitted that summoning order dated 14.03.2023 was passed by the Court concerned on the satisfaction and the statements recorded under Section 200 Cr.P.C. that the accused persons are harassing the complainant mentally and physically both for demand of dowry whereas there is nothing on the record that there was any complaint made by the applicant regarding dowry demand against accused persons and the revisional Court on the basis of the same has quashed the summoning order dated 14.03.2023 and remanded the matter to pass afresh order after considering the material available on record. On being asked the learned counsel for the applicant that the applicant had ever made any case of dowry demand in her complaint or in the FIR or in the statement, he has replied that there is no relation between the applicant and the accused
persons hence, there is no question of making any allegation regarding dowry demand.
After hearing learned counsel for the parties and going through the record of the case, it is found that the Court concerned while passing the summoning order dated 14.03.2023 had not applied its mind and passed the order against the material available on record, as there was no such case of dowry demand and the revisional Court has rightly set aside the summoning order dated 14.03.2023 and remanded the matter for passing afresh
order. In view of the aforesaid, the present case is sans merit, hence, dismissed.
Order Date :- 5.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench