SUMAN DEVIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
             MATTERS UNDER ARTICLE 227 No. - 8786 of 2025

Suman Devi
                                                           .....Petitioner(s)
                                  Versus

State of U.P. and Another
                                                         .....Respondent(s)

Counsel for Petitioner(s)       : Brijesh Narain Mishra, Mani Shankar
Counsel for Respondent(s)       : Ayush Singh, G.A., Ritu Singh

Court No. - 89
                 HON'BLE DIVESH CHANDRA SAMANT, J.

1. Heard learned counsel for the petitioner, learned counsel for the
respondent No. 2 as well as learned AGA for the State.

2. The relevant facts giving rise to present petition are that, application
under Section 156(3) Cr.P.C. made by the petitioner before the learned
Judicial Magistrate, Court No. 2, Ghazipur has been treated as complaint.
After recording the statements under Sections 200 and 202 Cr.P.C. the
respondent No. 2 Sanjay Ram was summoned under Section 354, 354B,
379 I.P.C. vide order dated 29.11.2024 passed by learned Civil
Judge(J.D.)/Judicial Magistrate, Court No. 2, Ghazipur in Criminal Case
No. 371 of 2024(Suman Devi Vs. Sanjay Ram). This order was
challenged by accused-respondent No. 2 by way of filing revision
petition before the learned Additional Sessions Judge, Court No. 3,
Ghazipur which was registered as Criminal Revision No. 18 of 2025
(Sanjay Ram Vs. State of U.P. and Another). The said criminal revision
has been allowed vide impugned order 10.06.2025 passed by Additional
Sessions Judge, Court No. 3, Ghazipur and the matter has been remanded
back to the court of learned Judicial Magistrate, Court No. 2, Ghazipur to
pass lawful order afresh. Feeling aggrieved with the order of revisional
court dated 10.06.2025, present petition has been filed.

3. Learned counsel for the petitioner has submitted that the order
impugned dated 10.06.2025 passed by the Additional Sessions Judge is
bad in the eye of law and is based on misreading of record. It is further
submitted that the allegations set out in the application under Section 156
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Cr.P.C. which has been treated as complaint are sufficient to constitute an
offence against the respondent No.2 which has also been supported by the
submissions of the complainant and the witnesses recorded under Section
200 and 202 Cr.P.C. Learned Additional Sessions Judge has not applied
its judicial mind and has passed the impugned order which is arbitrary and
against law. Alternatively, it has also been prayed by learned counsel for
the petitioner that the learned Judicial Magistrate may be directed to
decide the matter expeditiously.

4. Per contra, learned counsel for the respondent No. 2 has opposed the
submissions made by learned counsel for the petitioner and argued that
the learned Additional Sessions Judge has properly considered all fact and
evidence available with the record and passed the impugned order
assigning the cogent reasons, therefore, the impugned order does not
suffer from any illegality or infirmity.

5. I have considered the rival submissions made by learned counsel for
the parties and perused the record.

6. A perusal of the impugned order dated 10.06.2025 shows that learned
Additional Sessions Judge, Court No. 3, Ghazipur while passing the
impugned order has considered all the facts and evidence available on
record. The learned counsel for the petitioner was also not able to show
any error, illegality or irregularity committed by the learned Additional
Sessions Judge in passing the impugned order.

7. It is also notable that the matter is still sub judice with the learned
Judicial Magistrate, Court No. 2, Ghazipur for passing fresh order on the
application under Section 156(3) Cr.P.C. Therefore, this Court is not
inclined to interfere with the proceedings pending before the learned court
below and present petition is liable to be dismissed devoid of merits.

8. Accordingly, petition is hereby dismissed.

9. Considering the request of learned counsel for the petitioner, learned
Judicial Magistrate, Court No. 2, Ghazipur is directed to decide the
Criminal Case No. 371 of 2024; Suman Devi Vs. Sanjay Ram in
accordance with law expeditiously without granting unnecessary
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                                    adjournment to either of the parties.



                                                                            (Divesh Chandra Samant,J.)
                                    February 18, 2026
                                    ADY




Digitally signed by :-
AMAR DEEP YADAV
High Court of Judicature at Allahabad