Court No. - 86
Case :- APPLICATION U/S 482 No. - 806 of 2019 Applicant :- Smt Asha Devi Opposite Party :- State Of Up And 5 Others Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Ali Zamin,J.
The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 25.10.2018 passed by Sessions Judge, Kushinagar as well as the order dated 03.04.2017 passed by Chief Judicial Magistrate, Kushinagar in Misc. Application no.199 of 2017, under Section 156 (3) Cr.P.C., P.S. Kotwali Padrauna, District Kushi Nagar.
Case is taken up in the revised call. None appears for the opposite party nos.2 to 6.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that as per medical report, injuries have been found on the person of Asha Devi, the applicant. The police has registered case of opposite party no.2 but has not registered the F.I.R. of the applicant. The applicant moved an application under Section 156 (3) Cr.P.C., which has been treated by C.J.M.,Kushinagar as complaint case vide order dated 03.04.2017. The applicant also preferred criminal revision against the order dated 03.04.2017 passed by the C.J.M. Kushinagar before learned District & Sessions Judge, Kushinagar who also rejected the criminal revision of the applicant vide order dated 25.10.2018.
He further submits that since the applicant has also received injury, which is supported by medical report, therefore, F.I.R.
of the applicant also should be registered and investigated by the police.
Per-contra learned A.G.A. submits that according to the applicant, on 13.02.207 at about 9.30 A.M. opposite party nos.2 to 6 committed marpeet with her, when she entered into her house, they also entered into the house and beat her with lathi and danda but medical examination report mentions three injuries namely (1) reddish linear abrasion 4 cm. x 0.25 cm. x underlying on right side of face 1 cm. above right angle of Rt.wrist. (2) Abrasion 1.6 cm. x 0.75 cm. below on Rt. side of face just above injury No.(1). (3) Linear abrasion 0.5 cm. x 0.25 cm. on left upper forearm 8.0 cm. above from left elbow. According to medical report, all injuries are caused by friction against hard object simple in nature.
From the medical report it appears that reddish linear abrasion was found on the person of the applicant. At the time of medical examination the Medical Officer opined that injuries are caused by friction against hard object simple in nature. It is alleged that respondents nos. 2 to 6 have beaten the applicant with lathi and danda but medical report does not match with the version stated by the applicant.
In the facts and circumstances of the case set forth by the applicant particularly considering the injuries alleged to have been caused by the opposite parties, case of the indulgence of this Court to secure ends of justice is not made out.
The application is devoid of merit and is accordingly dismissed.
Order Date :- 26.9.2019 Asha