HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 1036 of 2021 Court No. - 29 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. By means of the instant application under Section 482 Cr.P.C., the applicant is challenging the orders dated 03.11.2017 passed by learned Chief Judicial Magistrate, Sultanpur, in Criminal Misc. Case No. 8227 of 2017 (Smt. Gudiya Vs. Shailesh Gupta) as well as order dated 14.10.2020 passed by learned Additional Sessions Judge, Court No.1, District Sultanpur in Criminal Misc. Case No. 22 of 2019 (Smt. Gudiya Vs. State of U.P.), whereby delay condonation application filed in support of criminal revision filed against the order dated 03.11.2017 has also been rejected. 3. Learned counsel for the applicant submits that the applicant has filed an application under Section 156 (3) Cr.P.C., for registration of the F.I.R., but the same has been rejected without considering the fact that the application under Section 156 (3) Cr.P.C., discloses prima facie cognizable offence against the opposite party no.2. Learned counsel further argued that the applicant could not be intimated about the order passed by learned Magistrate for a considerable time by his local counsel and as such criminal revision was filed before the revisional Court, which too has been rejected in a routine manner. Learned counsel further submits that the learned Magistrate as well as learned revisional Court did not apply its judicial mind prior to passing the orders impugned and therefore the impugned orders are illegal, arbitrary and are liable to be set aside by this Court. 4. On the other hand, learned A.G.A. submits that the impugned orders are perfectly legal, just and proper which calls for no interference by this Court. Versus Counsel for Applicant(s) : Gyanendra Mishra, Arvind Kumar Mishra Counsel for Opposite Party(s) : G.A. Smt. Gudiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Perusal of the impugned order dated 03.11.2017 shows that learned Chief Judicial Magistrate, Sultanpur while rejecting the application under Section 156 (3) Cr.P.C., has observed that the opposite party no.2 is a Medical Superintendent, posted at Community Health Centre, who is a public servant and in view of provision of Section 197 Cr.P.C., without prior sanction from the State Government no proceedings can be drawn. The applicant also preferred a revision before the revisional Court supported by delay condonation application. The revision was barred by 15 months. The ground taken in the delay condonation application is that the applicant was not intimated by his local counsel about the order dated 03.11.2017 for about 15 months, which cannot be believed by a man of ordinary prudence. 6. After considering the entire factual and legal aspects of the matter in the opinion of the Court, learned counsel for the applicant could not point out any legal infirmity in the orders impugned which may warrant any interference by this Court in exercise of powers conferred under Section 482 Cr.P.C. 7. Accordingly, the application lacks merit and is dismissed. December 9, 2025 S.Ali A482 No. 1036 of 2021 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad, Lucknow Bench