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2025 DAILYLAW 185307 (ALL)

SMT. SARLA DEVI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 4 OTHERS

NA528/1862/2025 · 2025-12-11

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1862 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the order dated 8.9.2025 passed by the Court of Session Judge, Sitapur in Criminal Revision No.86 of 2025 and also quash the order dated 1.5.2025 in Case No.259 of 2025 passed by Chief Judicial Magistrate in the application under Section 173(4) B.N.S.S. and pass an appropriate fresh order. 3. Learned counsel for the applicant submits that in the evening of 17.3.2025, private respondents came to the house of the applicant, started abusing, thereafter, dragged her inside the house and wrong was committed by them and after the incident, she went to the police station but neither her application was taken nor she was sent to the medico legal examination. He further submits that applicant moved an application before the Superintendent of Police, Sitapur but it was also not entertained then she filed an application before the Magistrate under Section 173(4) of BNSS and on the said application, report was called. He also submits that on 19.3.2025 with the association of police personnel, F.I.R. was lodged by the private respondents against the applicant and other family members and charge sheet was submitted in the aforesaid case within six days, Versus Counsel for Applicant(s) : Dhananjay Trivedi Counsel for Opposite Party(s) : G.A. Smt. Sarla Devi .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) thereafter, application of the applicant was rejected by the learned Magistrate and revision filed by the applicant was also dismissed, therefore, indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant and submits that as per the case of the applicant she was beaten with lathi and danda but no first aid report is annexed with the application, therefore, present application is liable to be dismissed. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, no relevant complaint which was given to the concerned police station as well as Superintendent of Police, Sitapur are annexed with the application, however, as per the case of the applicant, she was beaten and wrong was also done by the accused persons but no first aid report annexed, therefore, there is no illegality in the impugned order and present application is liable to be dismissed. 6. In view of the above, the present application is dismissed. December 11, 2025 GauraV/- NA528 No. 1862 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench