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2025 DAILYLAW 86944 (ALL)

SMT ROOPA BANSAL v. State of UP AND 2 OTHERS

A482/27906/2024 · 2025-04-20

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62223 Court No. - 87 Case :- APPLICATION U/S 482 No. - 27906 of 2024 Applicant :- Smt Roopa Bansal Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Rahul Agarwal Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri R.K. Mishra, learned counsel for the applicant, Sri Jyoit 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 order dated 06-06-2024 passed in Criminal Revision No. 55 of 2024 as well as the order dated 22-12-2023 passed by learned Additional Chief Judicial Magistrate, Agra in Complaint Case No. 13146 of 2021. 3. Learned counsel for the applicant submits that the learned Magistrate committed grave error in dismissing the complaint case under Section 203 Cr.P.C. vide order dated 22.12.2023, despite the fact that the applicant had clearly made out a prima facie case against the accused persons, supported by her statement under Section 200 Cr.P.C. and pre-summoning evidence of two other witnesses under Section 202 Cr.P.C. It is contended that the Court below wrongly held that no prima facie case was made out due to non-description of sexual injuries or identification of the person carrying the weapon, even though it was explained that the accused were accompanied by unknown persons, and such identification was not possible at that moment. It is further argued that all medical reports of the applicant, her husband, and her daughter clearly indicating multiple injuries and medical referrals were part of the record, but the court failed to appreciate this crucial evidence. Aggrieved by the said dismissal order, the applicant preferred Criminal Revision No. 55 of 2024, which too was erroneously dismissed by the learned Sessions Judge, Agra, vide order dated 06.06.2024. 4. Per contra, learned A.G.A. has vehemently opposed the application and contended that no interference is required in both the orders. 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 any 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