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Neutral Citation No. - 2025:AHC:134098 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 4789 of 2022 Petitioner :- Bela Devi Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Kuwar Ritesh Kumar,Rudra Pratap 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. The present petition under Article 227 of the Constitution of India has been filed with the prayer to set aside the impugned order dated 07.04.2022 passed by learned Sessions Judge, Allahabad and
order dated 03.12.2021 passed by learned Additional Chief Judicial Magistrate Court No. 10, Allahabad. It has been submitted by the learned counsel for the petitioner that the petitioner moved an application u/s 156(3) Cr.P.C. which was treated as complaint case and after recording the statements of the complainant and the witnesses on oath u/s 200 and 202 Cr.P.C., the same was rejected under section 203 Cr.P.C. and even the revision filed against the said order has also been rejected. It has been submitted that the respondent-accused had forcefully entered their house and had taken possession of her house. However, from the perusal of the statements of the complainant recorded u/s 200 Cr.P.C. it is apparent that no such allegation has been deposed by the complainant. There are major contradiction in the statement of the witness PW-1 Lal (husband of the complainant). Considering the fact that no such offence as alleged has been committed, therefore, the petition has no merit and is accordingly, dismissed.
Order Date :- 7.8.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad