LAWS(ALL)-2014-8-247

SHIV DULARI Vs. STATE OF U.P.

Decided On August 13, 2014
Shiv Dulari Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This revision has been preferred to quash the impugned order dated 20.04.2014 passed by Chief Judicial Magistrate, Banda in case no. 431 of 2014.

(2.) Brief facts are that the complainant Shiv Dulari had moved an application under Section 156 (3) Cr.P.C. stating that on 16.03.2014 at about 09:30 P.M. when she was at her house, her neighbour Raj Kumar, Kallu and one unknown person came and asked about the whereabouts of her husband. She stated that her husband has gone to Attara. At this all the three persons entered? to her house and made her naked and tried to gang rape her. On hue and cry being raised by the complainant, her children come from the adjoining room then the accused ran away abusing all the people and threatening to kill them. The complainant went to the police station to lodge a report but her report was not lodged. The senior officers were also informed but no action was taken. Hence, this application under Section 156(3) Cr.P.C. was presented which was dismissed vide order dated 20.04.2014.

(3.) Learned lower court opined that there was no reason to get the case registered and investigated..