RAMDEI ALIAS ASHARFA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Mr. R.N. Rai for the Applicant and the learned AGA for the Respondent and perused the record.

(2.) This is a petition under Section 482 Code of Criminal Procedure to quash the order dated 30.1.2008 passed by the, Additional Sessions Judge, Court No. 7, Basti in Criminal Revision No. 1098 of 2007 whereby the learned Additional Sessions Judge dismissed the revision filed by the Applicant and maintained the order dated 17.9.2007 of the Chief Judicial Magistrate, Basti.

(3.) It appears that the case crime No. C-6 of 2003 under Sections 307, 382, 379, 504, 506 and 427 IPC, P.S. Kakwari, District Basti was registered by the police of P.S. Kalwari on the basis of an order passed by the concerned Magistrate under Section 156(3) Code of Criminal Procedure The police investigated the matter and submitted a final report. A notice was issued to the Applicant, who is the complainant, on the final report. She filed a protest petition which was treated as complaint and the learned Magistrate examined the Applicant under Section 200, Code of Criminal Procedure and an inquiry under Section 202, Code of Criminal Procedure was also held. During the inquiry, witnesses PW-1 Ran Vijay, PW-2 Rajendra Singh, PW-3 Shatrughan Singh, PW-4 Sukhram Singh, PW-5 Babu Ram Singh and PW-6 Arvind Kumar were examined. Certified copies of the injury reports relating to injured Babu Ram, Ran Vijay and Asharfa Devi were also filed. A copy of the statement of Ikbal recorded in the S.T. No. 116 of 2003 was also filed.