GHANSHYAM AND 3 OTHERS v. STATE OF U.P. AND 5 OTHERS
A227/5396/2025 · 2025-05-22
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62153 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62153 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:87619 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5396 of 2025 Petitioner :- Ghanshyam And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabhakar Pal Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed to set aside the impugned order dated 08.01.2025 passed by learned Additional Sessions Judge/Special Judge (Rape and POCSO Act)-Ist, Etah, in Criminal Revision No. 117 of 2024 (Ghanshyam and others Vs. State of U.P. and others), under Section 397 Cr.P.C., Police Station-Kotwali Nagar, District-Etah as well as impugned order dated 12.04.2024 passed by learned Chief Judicial Magistrate, Etah in Misc. Application No. 136 of 2024 (Ghanshyam and others Vs. State of U.P. and others) under Section 156(3) Cr.P.C., Police Station-Kotwali Nagar, District-Etah. It has been submitted by learned counsel for the petitioners that the application moved by the petitioners under Section 156(3) Cr.P.C. for lodging of the FIR has been rejected without application of mind in a mechanical manner. Per contra, learned A.G.A. for the State has opposed the aforesaid prayer. Upon hearing learned counsel for the parties and from the perusal of records, it transpires that the dispute is purely civil in nature which has been given a criminal colour. Considering the aforesaid facts and circumstances, there is no illegality in the order impugned. Matter requires no interference. The petition is accordingly, dismissed. Order Date :- 23.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad