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2025 DAILYLAW 168678 (ALL)

SITALA ALIAS CHANDAKALI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME GOVT. LKO. AND 2 OTHERS

A482/10229/2024 · 2025-02-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8503 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10229 of 2024 Applicant :- Sitala Alias Chandakali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt. Lko. And 2 Others Counsel for Applicant :- Ravindra Kumar Singh,Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Ravindra Kumar Singh, Shri Sagar Singh and Shri Ram Maurya, learned counsels for the applicants and Sri Vinay Kumar Sahi, learned AGA for the State of U.P. and perused the record. By means of the instant application, the applicants have assailed the order dated 30.10.2024 passed by the Sub-Dvisional Magistrate, Tehsil - Safipur, District - Unnao, in Case No. 1075 of 2023 (Shitala Vs. Amar Singh), under Section 145/146 Cr.P.C. related to Police Station- Aasivan, District- Unnao. Considering the contents of the order impugned and also the observations made by Hon'ble Apex Court in the judgments passed in the case of Ram Sumer Puri Mahant Vs. State of U.P. & others, AIR 1985 SC 472, Prakash Chand Sachdeva Vs. State and Another, AIR 1994 SC 1436, Jhummamal alias Devandas Vs. State of M.P. & others, AIR 1988 SC 1973, Amresh Tiwari Vs. Lalta Prasad Dubey and another, AIR 2000 SC 1504, Mohd. Shakir Vs. State of U.P., 2022 Live Law (SC) 727, M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, Sri Siddeshwar Temple Trust Committee v. Sri Malingaraya Temple Charitable Trust, (2020) 18 SCC 417, Mohd. Abid & Ors. Vs. Ravi Naresh & Ors. decided on 01.11.2022 in Special Leave to Appeal (Crl.) No(s).5444/2022 and Full Bench of this Court in the case of Ganga Bux Singh Vs. Sukhdin, AIR 1959 All 141, on the issue, according to which, in given facts of the case, proceedings under Section 145 Cr.P.C. can be initiated even if the case before the civil court is pending, and also the statutory remedy of revision available to the applicant, this Court is not inclined to interfere in the order impugned at this stage. The application is, accordingly, disposed of the liberty to the applicant to avail the remedy available under the statute itself within a week from today. In case, the applicant prefers an revision as available under the statute within a week from today, the same shall be decided by passing a reasoned and speaking order, most expeditiously, after affording full opportunity of hearing to the parties. Application for interim protection shall also be considered by the concerned Court at an early date. The applicant is permitted to communicate this order to the Magistrate concerned who shall do needful in the matter so that no prejudice be caused to the parties to the proceedings. The certified copy of the impugned order or any other certified document filed along with the application shall be returned to the learned Counsel for the applicant by retaining a photocopy of the same on record. Order Date :- 10.2.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench