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2025 DAILYLAW 45658 (ALL)

SMT. KANTH SHREE v. STATE OF U.P. AND 13 OTHERS

A227/4197/2025 · 2025-05-11

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76665 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4197 of 2025 Petitioner :- Smt. Kanth Shree Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Mohan Lal Pandey,Nishi Kant Chaturvedi,Sanjeev Mishra 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 of U.P. and perused the record. The present petition under Article 227 of the Constitution of India has been filed with following prayer: (i) To set-aside the judgment and order dated 06.08.2024 passed by Additional Session Judge/Special Judge (Rape and POCSO Act Ist), Etah passed in Criminal Revision No.115 of 2024 (Smt. Kanthshree vs. Shivraj and others) Police Station Awagardh, District Etah and order dated 22.02.2023 passed by the Chief Judicial Magistrate, Etah in Criminal Misc. Application No.1799 of 2022, under section 156(3) Cr.P.C., Smt. Kanthshree vs. Shivraj and others) Police Station Awagarh, District Etah. (ii) To issue any such and further suitable, order or direction which this Hon'ble Court may deem fit and proper considering all the facts and circumstances of the case. (iii) Award the cost of this petition to the petitioner against the respondents." 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 directed to be treated as a complaint case. The revision filed against the said order, has also been rejected. Considering the submission made by the learned counsel for the petitioner and in the light of the judgment of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar Pradesh & Others, (2014) 1 SCC (Cri) 524, it is hereby directed that in case a fresh application is moved under section 175(3) BNSS before the appropriate Court within two weeks, the same shall be heard and decided expeditiously, in accordance with law within two months. With the aforesaid direction/observation, the instant petition is disposed of. Order Date :- 12.5.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad