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2025 DAILYLAW 69795 (ALL)

SMT. MITHLA DEVI v. STATE OF U.P. AND ANOTHER

A227/6397/2025 · 2025-07-31

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129591 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6397 of 2025 Petitioner :- Smt. Mithla Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Umesh Chandra Prajapati Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Supplementary affidavit filed today by learned counsel for the petitioner is taken on record. Heard Sri Umesh Chandra Prajapati, learned counsel for the petitioner and learned A.G.A for the State. The instant writ petition under Article 227 of the Constitution of India has been filed to set aside the impugned order dated 08.04.2025 passed by Additional Sessions Judge (F.T.C.), (14th Finance Commission), Jhansi in Criminal Revision No. 191 of 2024 (Smt. Mithla Devi Vs. Smt. Mithlesh Kumari and another) as well as order dated 22.04.2024 passed by Additional Chief Judicial Magistrate, Court No. 2, Jhansi in Criminal Complaint Case No. 12851 of 2023 (Smt. MIthla Devi Vs. Mithlesh Kumari) under Section 138 of N.I. Act, P.S. Nawabad, District Jhansi. Subject to cost of Rs. 5000/- the order dated 08.04.2025 passed by Additional Sessions Judge (F.T.C), (14th Finance Commission), Jhansi in Criminal Revision No. 191 of 2024 (Smt. Mithla Devi Vs. Smt.Mithlesh Kumari and another) as well as order dated 22.04.2024 passed by learned Court of Additional Chief Judicial Magistrate, Court No. 2, Jhansi in Criminal Complaint Case No. 12851 of 2023 (Smt. Mithla Devi Vs. Smt. Mithlesh Kumari) are hereby set aside and complaint case be restored to its original number and decided in accordance with law after giving opportunity of hearing to both the parties. The cost shall be deposited before the concerned District Legal Service Authorities. With the aforesaid observations, the petition is disposed of. Order Date :- 1.8.2025/PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad