Court No. - 45
Case :- MATTERS UNDER ARTICLE 227 No. - 4942 of 2019 Petitioner :- Pooja Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Sharma,Prashant Sharma Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
The instant writ petition is directed against the order dated 10 May 2019 passed by the learned Session Judge, Hathras, in Criminal Revision No. 87 of 2017 (Smt. Pooja Devi versus State of U.P.) under section 397 Cr.P.C.
The revisional court in the impugned order has noted that for the alleged incident Case Crime No. 248 of 2017 has already been registered under section 302, 201 I.P.C. for the murder of Ajit Singh, wherein, the allegation has been made against the petitioner herein. The petitioner by filing application under Section 156(3) Cr.P.C. has sought registration of an F.I.R. against the other persons including the third respondent.
On specific query, learned counsel for the petitioner is unable to explain and show as to how for the same incident second F.I.R. can be lodged. It is admitted that the investigation pursuant to the earlier F.I.R. is still pending.
Learned counsel for the applicant failed to point out any illegality, infirmity or jurisdictional error in the impugned order.
The writ petition being devoid of merit is accordingly dismissed.
Order Date :- 26.6.2019 K.K. Maurya