CHHUNNI DEVI Vs. STATE OF U.P. AND 5 OTHERS
LAWS(ALL)-2019-12-390
HIGH COURT OF ALLAHABAD
Decided on December 13,2019

Chhunni Devi Appellant
VERSUS
State of U.P. and 5 Others Respondents

JUDGEMENT

- (1.) This Criminal Revision has been filed challenging the impugned order dated 31.07.2018 passed by learned Special Judge (POCSO) /Addl.Sessions Judge, Court No. 14, Kanpur Nagar in Misc. Application No. 958 of 2017 ( Smt. Chhunni Devi vs. Rupan @ Fakire and others) rejecting an application under Section 156(3) Cr.P.C. filed by the revisionist.
(2.) Briefly stating the facts giving rise to this revision are that the revisionist filed an application under Section 156(3) Cr. P.C. in the Court of Addl. Sessions Judge bearing Misc. Application No. 958 of 2017 ( Smt. Chhunni Devi Vs. Rupan @ Fakire and others) praying therein to register FIR under Sections 147 , 148 , 452 , 323 , 504 , 506 , 376 , 511 IPC and Section 3/4 POCSO Act alleging therein that on 23.5.2017 when the opposite parties were constructing house on road, the revisionist raised objection, upon which they started quarrelling by using filthy language; that the applicant contacted police 100 and the police came on the spot, stopped the opposite parties from raising construction and gone; that due to this incident, the opposite parties on 24.5.2017 at about 5.00 PM entered the house of applicant and tried to outrage the modesty of her minor daughter-Mamta aged about 15 years and on resistance, her daughter received injuries on her neck; on raising alarm, the people of locality came and the opposite parties ran away giving threat; that the revisionist went to police Bithoor, Kanpur Nagar, but Police did not lodge her report ; that when the police did not take any action in the matter, the revisionist sent application on 25.5.2017 to the SSP, Kanpur Nagar through registered post, but when no action was taken by the police, the revisionist filed application under Section 156(3) Cr.P.C. referred above, was dismissed by learned Court below vide order dated 31.7.2018 which has been assailed in this revision.
(3.) I have heard learned Counsel for the revisionist, learned A.G.A and have gone through the materials available on record.;


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