Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 41515 (ALL)

KANCHAN DEVI v. STATE OF U.P. AND 6 OTHERS

A227/3908/2025 · 2025-07-23

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:121658 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 3908 of 2025 Petitioner :- Kanchan Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ravindra Prakash Srivastava 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. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 13.01.2025 passed by Additional Sessions Judge/Special Judge, Exclusive Court (POCSO Act) Basti, in Criminal Revision No. 283 of 2024 (Kanchan Devi v. State of U.P. and others) and impugned order dated 01.06.2024 passed by Chief Judicial Magistrate, Basti in Criminal Misc. Case No. 10/20/2024 (Kanchan Devi v. Kusum Devi and others), whereby the application under Section 156(3) Cr.P.C. filed by the petitioner has been rejected. It has been submitted by learned counsel for the petitioner that an application under Section 156(3) Cr.P.C. was moved by the petitioner but Chief Judicial Magistrate, Basti, vide order dated 01.06.2024, has rejected the application of the petitioner. Against the said order, the petitioner preferred a Criminal Revision, which was also rejected vide order dated 13.01.2025. Per contra, learned A.G.A. for the State has submitted that Section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Considering the aforesaid facts, the matter is remitted back to the court concerned with a direction to pass fresh order as expeditiously as possible, in accordance with the procedure provided under Section 202(1) Cr.P.C. With the aforesaid direction, the petition is disposed of. Order Date :- 24.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad