Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132687 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8623 of 2025 Petitioner :- Hansa Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- G.A.,Jata Shankar Pandey Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA 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 judgment and order dated 07.07.2025 passed by Sessions Judge, Mau in Criminal Revision No. 38 of 2025 (Hansa Devi Vs. State of U.P. and others) as well as the order dated 01.02.2025 passed by Chief Judicial Magistrate, Mau in Criminal Misc. Application No. 71 of 2025 (Hansa Devi Vs. Ramkrishna Yadav and others) and further prayed to issue a direction to the learned Chief Judicial Magistrate, Mau to pass appropriate order on the application under section 173(4) of B.N.S.s. in accordance with law after considering the evidence on record. It has been submitted by the learned counsel for the petitioner that the petitioner moved an application under Section 156(3) Cr.P.C. which was rejected solely on the ground that the alleged medical reports were of the belated date i.e. 24.01.2025. From the perusal of the record, it transpires that the injured were examined at Community Health Centre, Badrao and the x-ray was conducted at the Government Hospital, District Mau. Despite these facts, learned trial court did not consider the application of the petitioner moved under Section 173 (4) BNSS (175(3) BNSS). Considering the aforesaid submissions the orders dated 07.07.2025 passed by Sessions Judge, Mau and the order dated 01.02.2025 passed by Chief Judicial Magistrate, Mau, are hereby set aside and the matter is remitted back to the court concerned to re-examine the facts and pass a fresh order in accordance with law, if there is no other legal impediment. With the aforesaid directions, the petition stands disposed of. Order Date :- 6.8.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad