The court shall not interfere with an order refusing to club cross-cases when the complainant fails to ensure the presence of all accused through required legal processes, particularly where the trial is actively supervised by a higher court with fixed time constraints.

JUDGMENT :

Brij Raj Singh, J.

1. The present application has been filed seeking setting aside the order dated 11.12.2025 passed by the Chief Judicial Magistrate, Lucknow in Complaint Case No.3441 of 2015, arising out of Case Crime No.489 of 2013, Anita Vs. Satyendra Nath Shukla and others, under Sections 323, 384, 504 and 506 IPC, Police Station Gomti Nagar, District Lucknow.

2. It is the case of the applicant that on the basis of false and fabricated story an F.I.R. was lodged by opposite party no.2 in Case Crime No.416 of 2013, under Sections 307 and 504 IPC against the husband of the applicant showing the incident occurred at the house of the applicant i.e. 5/585, Vikas Khand, Gomti Nagar, Lucknow on 02.09.2013 and after investigation, charge-sheet has been filed under Sections 307, 504, 201, 419, 420 and 471 IPC against him on 17.09.2020 and the trial is continuing in Session Trial No.2707 of 2025 in the court of Additional Sessions Judge/Special Judge A.T.S., Lucknow. In fact, the applicant herself approached the police station concerned for registration of the FIR in respect of the incident occurred on 02.09.2013 at her house by opposite party no.2 with his associates, who had beaten brutally the applicant and her husband as well as caused injuries to the applicant and her mother-in law, but the police did not lodge the FIR. Thereafter, the applicant having no other alternate, approached the court of Chief Judicial Magistrate, Lucknow by filing an application under Section 156(3) Cr.P.C, on which an order was passed for registration of the FIR.

3. In pursuance of the aforesaid order, an FIR was registered at Case Crime No.489 of 2013, under Sections 323, 383 and 506 IPC at Police Station Gomti Nagar, Lucknow against opposite party no.2 and other accused persons making allegations that on 02.09.2013 at 12 Noon, opposite party no.2 along with one Anuj Bajpai and some unknown persons reached at her house situated at 5/585, Vikas Khand, Gomti Nagar, Lucknow and assaulted the applicant, her husband and her mother-in-law and caused injuries to them. It is alleged that after investigation, the Investigating Officer in collusion with opposite party no.2 and under his influence, filed final report under Section 169 Cr.P.C on 05.11.2014 before the Chief Judicial Magistrate, Lucknow, who was pleased to issue notice to the applicant and registered the as Misc. Case No.1139 of 2014.

4. Feeling aggrieved with the aforesaid, the applicant filed a protest application, on which the Chief Judicial Magistrate, Lucknow passed an order rejecting the final report and directing for registration of a complaint case, pursuant to which the same was registered as Complaint Case No.3441 of 2015 and the matter is pending for its adjudication in the court. After recording the statement of the applicant under Section 200 Cr.P.C. and the witnesses under Section 202 Cr.P.C, the trial court issued summons against opposite party no.2 and other accused persons vide order dated 06.05.2015. It is said that since opposite party no.2 and other co accused person were not appearing in the court after service of summons to face the trial proceeding, the Chief Judicial Magistrate, Lucknow issued non-bailable warrants against them vide order dated 15.09.2016.

5. It is further said that applicant filed an application under Section 223(d) Cr.P.C before the Chief Judicial Magist