Court No. - 55
Case :- APPLICATION U/S 482 No. - 46151 of 2018 Applicant :- Nafeesa Opposite Party :- The State Of U.P. And Another Counsel for Applicant :- Dipak Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant.
It is submitted by learned counsel for the applicant that earlier an application under section 156(3) Cr.P.C. was filed which was treated as complaint case thereafter statement of witnesses has been recorded under sections 200 and 202 Cr.P.C. but the lower court has summoned the accused only under Section 504 whereas allegation of rape was levelled against them. It is further submitted that there is sufficient evidence on record.
In view of the above, without expressing any opinion on merits, this application is disposed of with liberty to the applicant to file an application before the concerned Magistrate raising all her grievances.
If any such application is moved by the applicant, the concerned Magistrate shall consider and decide the same in accordance with law.
Order Date :- 21.12.2018 Sartaj