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2025 DAILYLAW 145180 (ALL)

PREM LATA DEVI ADVOCATE v. STATE OF U.P. and ORS.

A482/6219/2016 · 2025-01-06

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Neutral Citation No. - 2025:AHC-LKO:755 Court No. - 18 Case :- APPLICATION U/S 482 No. - 6219 of 2016 Applicant :- Prem Lata Devi Advocate Opposite Party :- State Of U.P. And Ors. Counsel for Applicant :- Ram Phal,Vivek Kumar Misra Counsel for Opposite Party :- Govt. Advocate Hon'ble Manoj Bajaj,J. The applicant has invoked the inherent powers of this Court under Section 482 Cr.P.C. to challenge the order dated 03.08.2016 passed by the revisional court, whereby the order dated 06.07.2016 passed by the Additional Chief Judicial Magistrate, Lucknow dismissing his application under Section 156(3) CrPC for registration of F.I.R. and investigation, has been upheld. A perusal of the complaint dated 06.02.2016 filed by the applicant under Section 156(3) CrPC reveals that she has levelled accusations of rape against the opposite party No. 2 and 3 which allegedly was committed by them on 29.01.2016, by entering her house. The allegations contained in the application have been considered by the Additional Chief Judicial Magistrate, Lucknow carefully while passing the impugned order dated 06.07.2016, thereby refusing to exercise the jurisdiction under Section 156(3) CrPC, particularly in the absence of the medical of the complainant and considering other attending circumstances. Further, the said order has been upheld by the revisional court with the observation that a civil dispute in respect of immovable property bearing L.I.G. Flat No. 3/2508, Sector-3, Janakipuram Extension, Lucknow was pending, and the complainant has concealed the material facts from the Court, including the registration of Case Crime No. 265 of 2015 by opposite party No. 2 against the complainant. The reasons assigned by the revisional court are also based upon proper appreciation of the material on record. This Court had issued notices to opposite parties No. 2 and 3 on 28.09.2016, but as per the office report dated 28.08.2024, the applicant has taken no steps to effect service upon them. In view of the above, this Court is not inclined to exercise the inherent powers under Section 482 CrPC. Accordingly, the application is dismissed. Order Date :- 6.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench