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2016 Supreme(All) 3562

PRAMOD KUMAR SRIVASTAVA
Kamla Devi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- Surendra Singh
For the Opposite Party :- A.G.A.

JUDGMENT

Pramod Kumar Srivastava, J.

Heard learned counsel for the applicant, learned AGA and perused the records.

2. The application under section 156 (3) Cr.P.C., moved by applicant regarding incident happened inside her house in her presence, was registered as complaint case by impugned order dated 17.5.2016 passed by 1st Additional Chief Judicial Magistrate, Banda. This order of registering the application as complaint is under challenge in present proceeding.

3. This contention of learned AGA appears not unacceptable that according to said application alleged overt acts were committed inside house, and not at any public place or in public view, but applicant had tried to implicate accused for offence under section 3(1) 10 SC/ST Act, which is not applicable in such matter.

4. If facts of application under section 156 (3) Cr.P.C. is taken to be true, in that case also everything relating to fact is within knowledge of applicant and every evidence relating to it is within her control. There is nothing new that can be exposed after investigation. The trial court has passed order of registering aforesaid application as complaint after considering several judgement of this Court and




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