Neutral Citation No. - 2025:AHC:118333 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 2593 of 2025 Petitioner :- Smt Usha Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner and learned AGA for the State and perused the record. None has appeared on behalf of the respondent No. 2 even in the revised call. Notice sent to respondent Nos. 3 to 5, was returned unserved with post office remark "Unclaimed". Notice sent to respondent No. 4, was returned unserved with post office remark "Refused". By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the order dated 13.11.2024 passed by the Additional District and Sessions Judge, Court No. 5, District-Bulandshahr in Criminal Revision No. 392 of 2023 (Smt. Usha Yadav Vs. State of U.P. and others) as well as order dated 04.08.2023 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 5, District-Bulandshahr in Complaint Case No. 4146 of 2022 (Usha Devi Vs. Mahipal Yadav). It has been submitted by learned counsel for the petitioner that an application was moved by the petitioner under Section 156 (3) Cr.P.C., which was dismissed. Against the said order, the petitioner preferred a Criminal Revision, which was also dismissed. It has been submitted by learned counsel for the petitioner that though there was an injunction in favour of the petitioner, in a Original Suit No. 838 of 2021, (Bhim Singh Yadav and others v. Mahipal Singh Yadav and others) instituted before Civil Judge (Senior Division), Bulandshahr, dated 12.10.2021, the respondents forcefully entered in the house of the petitioner and created nuisance. From the perusal of record, the statement of the complainant and the witnesses recorded on oath under Section 200 and 202 Cr.P.C., it transpires that there is sufficient material to summon the respondents accused and cognizable offence is made out. In view of the aforesaid facts and circumstances of the case, the impugned orders dated 04.08.2023 and 13.11.2024 is liable to be set aside and the matter is hereby remitted back to the Court concerned to reconsider the statement of the complainant and the witnesses recorded on oath under Sections 200 and 202 Cr.P.C. and other oral and documentary evidence and pass an appropriate order in accordance with law, if there is no other legal impediment. With the aforesaid directions, the petition is allowed. Order Date :- 21.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad