Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 6355 of 2018 Petitioner :- Savita Shukla Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Kumar Chaudhary Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ranjan Kumar Chaudhary, learned counsel for the petitioner and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the order dated 02.7.2013 passed by the Additional Chief Judicial Magistrate, Court No. 4, Allahabad, in Complaint Case No. 481 of 2013 (Savita Shukla Vs. Ajai Kumar Shukla and others), whereby the aforesaid complaint has been dismissed by the Judicial Magistrate, Court No. 4, Allahabad, as well as the order dated 6.7.2018 passed by the Additional Sessions Judge, Court No. 1, Allahabad in Criminal Revision No. 241 of 2013, (Smt. Savita Shukla Vs. State of U.P. and others), whereby the aforesaid criminal revision preferred against the order dated 2.7.2013 has been dismissed.
From the perusal of the impugned order, the Court finds that the complaint filed by the present petitioner has been rejected on the ground that the parties are already under litigation and as many as six cases are pending between them.
On the basis of the aforesaid fact, the Courts below have recorded a concurrent finding that the present criminal proceedings appear to have been engineered as part of pressure tactic.
The Apex Court in the case of Amit Kapoor vs. Ramesh Chander and another, reported in 2012 (9) SCC, 460 has laid down that certain category of cases as classified in the judgement itself are not liable to be sustained.
This Court finds that the case in hand is squarely covered by one of the categories of cases, in which criminal proceedings cannot be allowed to continue.
Looking to the facts and circumstances of the case and also upon consideration of the aforesaid judgement of the Apex Court, this Court does not find any illegality in the impugned order.
The petition fails and is, accordingly, dismissed.
Order Date :- 17.9.2018 HSM