ANIL KUMAR,J. - (1.) Heard learned counsel for the petitioner, learned A.G.A. appearing for the opposite party nos.1 to 2 through video conferencing and perused the record.
(2.) Learned counsel for the petitioner has pressed the relief on the following facts and grounds . "(a) An F.I.R. has been lodged by the petitioner against the opposite party no.3 on 03.01.2020 with Police Station Aliganj, Lucknow under Sections 408, 420, 467 I.P.C. (b) The accused Rachna/Opposite Party No.3 had filed a false Complaint Case, on 06.01.2020 in the court of Special C.J.M., Customs, Lucknow, against the petitioner and others, only to create evidence and to harass and blackmail them and to exert undue pressure for taking back the instant case. (c) As the bail application of the accused Rachna/Opposite Party No.3 was rejected from the Sessions Court on 5th March, 2020, only thereafter out of sheer frustration and acting malafidely caused to file an application under Section 156 (3) Cr.P.C ., on 7th March, 2020, disclosing such facts and circumstances and allegations which were totally missing in her complaint case dated 6th Jan, 2020 and also by concealing various material facts such as the filing and pendency of the complaint case dated 6th Jan, 2020, in the same court of Magistrate. (d) The accused Rachna/ Opposite Party No.3 got her statement recorded under Section 200 Cr.P.C. (in Cr. Misc Case No.42/2020) in the Magistrate's Court on 27.01.2020 in which she had not uttered a single word with regard to the allegations as contained in this 156 (3) Cr.P.C. (e) There are gross contradictions in the Complaint case and the application under Section 156 (3) Cr.P.C ., both filed by the accused Rachna, which prima facie proves that the accused are filing false cases against the same person(s) with different stories/allegations in counter blast to the instant case. (f) The husband of the petitioner namely Dr. Abhishek Shukla, lodged an F.I.R. dated 19.03.2020 bearing no.108 of 2020, under Section 506 I.P.C. with Police Station Aliganj, District Lucknow. (g) The allegations levelled against the petitioner and her husband by the Opposite Party No.3 in her Criminal Misc. Case No.42/2020 (Smt. Rachna Singh Vs. Amita Shukla and Others) pending before the Opposite Party No.2 is without any evidence and have been levelled on account of vengeance and as a counter blast. (h) The allegations in the aforesaid complaints have been levelled with a view to spite the petitioner on account of said personal rancour, predilections and past prejudices; the allegations have been levelled out of vengeance, ill-will. In order to fulfill her personal vendettas Opposite Party No.3 initiated vexatious and frivolous criminal proceedings stating false and fabricated facts. (i) The criminal proceedings so initiated by the Opposite Party No.3, i.e. Criminal Misc. Case No.42/2020 (Smt. Rachna Singh Vs. S.C. Trivedi Memorial Mother and Child Trust Hospital and Others) and Criminal Misc. Case No.1869/2020 (Rachna Singh Vs. Amita Shukla and others) pending before the Opposite Party No.2 is nothing but a sheer abuse of process of Law."
(3.) Shri S.P. Singh, learned A.G.A. has opposed the matter and submits that the petitioner is a proposed accused in this case and she has no locus to approach this Court, at this stage.;