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Neutral Citation No. - 2025:AHC:86569 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1224 of 2025 Petitioner :- Smt. Shanti Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anurag Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 11.12.2024 passed by Sessions Judge, Kanpur Dehat in Criminal Revision No. 126 of 2024 (Smt. Shanti Devi Vs. State of U.P. and others) as well as order dated 12.07.2024 passed by A.C.J.M./Additional Civil Judge (S.D.) Court No. 3/Kanpur Dehat in Final Report No. 104 of 2022 in Case Crime No. 252 of 2022, under Section 306 IPC, Police Station-Rura, District-Kanpur Dehat and also to direct the Trial Court, Kanpur Dehat to reconsider and decide the protest petition of the petitioner dated 21.02.2024 afresh in accordance with law. It has been submitted by learned counsel for the petitioner that the petitioner had lodged an FIR under Section 306 IPC at police Station-Rura, District-Kanpur Dehat against the respondents. Against the said FIR, a Final Report dated 23.09.2022 was submitted. Being aggrieved, the petitioner has filed the protest petition which was also rejected vide order dated 12.07.2024. Against the said order, a Criminal Revision was preferred which was also rejected by learned Sessions Judge, District-Kanpur Dehat vide order dated 11.12.2024. Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence,
learned counsel for the petitioner wants to avail an alternative remedy by lodging a complaint under Section 190 Cr.P.C. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 190 Cr.P.C. within a period of one month from the date of the order, the same may be
considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. With the aforesaid direction, the petition is disposed of.
Order Date :- 22.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad