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Neutral Citation No. - 2025:AHC:59230 Court No. - 87 Case :- APPLICATION U/S 482 No. - 26764 of 2024 Applicant :- Imami Mansoori Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Tiwari,Shubhendu Kumar Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Santosh Kumar, learned counsel for the applicant, Sri Jyoti Singh, learned Additional Government Advocate for the State-O.P. no.1 and perused the record. 2. The present application has been filed by the applicant praying for quashing of the impugned order dated 20-03-2024 passed in Criminal Revision No.302 of 2023 as well as order dated 12-12- 2023 passed by learned Additional Civil Judge (J.D.) Court No.4, Jhansi in Case No. 2330 of 2019 under Sections 181, 196, 200 and 209 IPC. 3. Learned counsel for the applicant submits that the learned Magistrate has erred in law and facts in dismissing the complaint case under Section 203 Cr.P.C. vide order dated 22.12.2023 by recording an erroneous finding that prima facie no case was made out against the accused persons, merely on the ground that the applicant failed to describe the nature of sexual injury and did not specifically identify the person carrying the country-made pistol, even though the accused were accompanied by five unknown persons. It is further contended that the learned Magistrate ignored the vital medical evidence, including injury reports of the applicant, her husband, and her daughter, which were already part of the case diary and clearly corroborated the incident dated
17.10.2020. Aggrieved by the aforesaid order, the applicant preferred Criminal Revision No. 55 of 2024, which was also illegally dismissed by the learned Sessions Judge, Agra vide order dated 06.06.2024. Both the impugned orders have been passed in a mechanical manner without proper application of judicial mind and deserve to be quashed in exercise of inherent jurisdiction under Section 482 Cr.P.C.
4. Per contra, learned A.G.A. has vehemently opposed the application and contended that no interference is required, as both the impugned orders have considered all aspects of the matter in detail. 5. Upon hearing the learned counsel for the parties and after perusal of the material on record, this Court finds no illegality, irregularity, or perversity in the impugned orders passed by the courts below so as to warrant interference under Section 482 Cr.P.C.
6. Hence, the instant application cannot be entertained and is, accordingly, dismissed.
Order Date :- 21.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad