Smt. Geeta v. State Of U.P. And 4 Others

Petitioner :- Smt. Geeta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Tripathi I Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed seeking the following relief: "(i) issue, an order or direction to set aside the impugned judgement and order dated 01.04.2025 passed by Additional District and Sessions Judge/F.T.C. No. 1, Baghpat in Criminal Revision No.118 of 2024 (Smt. Geeta Vs. Raj Singh and Others) and order dated 16.5.2024 passed by Civil Judge (Junior Division)/F.T.C./Judicial Magistrate, Baghpat in Complaint Case No. 474/2021 (Smt. Geeta Vs. Raj Singh and Others) at Police Station Mahila Thana, District Baghpat. (ii) Issue an order or direction Judge (Junior Division)/F.T.C./Judicial Magistrate, Baghpat to pass an order afresh in Complaint Case No. 474/2021 (Smt. Geeta Vs. Raj Singh and Others) at Police Station Mahila Thana, District Baghpat during the pendency of instant petition before this Hon'ble Court. to Civil (iii) Issue any other suitable order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) award the cost of the petition in faovur of petitioner." It has been submitted by learned counsel for the petitioner that the petitioner lodged a complaint case before the Civil Judge (Junior Division)/F.T.C/Judicial Magistrate, Baghpat against the respondent-accused and after recording the statement of the complainant and witness under Sections 200 and 202 Cr.P.C., the same was rejected under section 203 Cr.P.C. vide order dated 16.5.2024. Being aggrieved by the said order, the petitioner filed criminal revision which was also rejected by the Additional District and Sessions Judge/FTC, Baghpat vide order dated 12.06.2024. The main submission of learned counsel for the petitioner is that from the allegations made in the complaint as well as from the statement of the complainant and the witness recorded under sections 200 and 202 Cr.P.C. there is sufficient material against the respondent-accused. The allegations made in the complaint case discloses cognizable offence. Despite all these facts, the Trial Court has rejected the complaint. Considering the submissions made by learned counsel for the petitioner and the complainant discloses a cognizable offence, the order dated 01.04.2025 passed by Additional District and Sessions Judge/F.T.C. No. 1, Bagpat in Criminal Revision No.118 of 2024 (Smt. Geeta Vs. Raj Singh and Others) and order dated 16.5.2024 passed by Civil Judge (Junior Division)/F.T.C./Judicial Magistrate, Bagpat in Complaint Case No. 474/2021 (Smt. Geeta Vs. Raj Singh and Others) at Police Station Mahila Thana, District Baghpat are hereby set aside and the matter is remitted back to the court concerned to reconsider the material available on record and pass fresh order in accordance with law after giving opportunity of hearing to both the parties and subject to their cooperation if, there is no other legal impediment. With the aforesaid directions, the writ petition is allowed. Order Date :- 4.8.2025 Puspendra PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad