AARTI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned AGA.

(2.) PRESENT petition has been filed with the prayer to quash the order dated 15.02.2014 passed by Addl. Sessions Judge, Court No.5, Gorakhpur dismissing Criminal Revision No.301 of 2011 filed by the petitioner against the order dated 4.7.2011 passed by ACJM, Railway, Gorakhpur in Case No. 898 of 2011 by which the discharge application filed by the petitioner under Section under Section 245 (2) Cr.P.C.has been rejected.

(3.) LEARNED counsel for the petitioner has mainly contended that no offence has been made out against the petitioner under section 143 of the Railway Act and the present prosecution was initiated with a malafide intention only to harass her. It is further contended that for quashing the entire proceedings of Criminal Case No. 898 of 2011, Application under Section 482 Cr.P.C.No. 14308 of 2011 was filed by the petitioner before this Court, which was disposed of by this court vide order dated 4.5.2011 with the direction that in case the applicant moves a discharge application before the court concerned through her counsel within 30 days, the same shall be heard and disposed of expeditiously in accordance with law and in compliance of the said order the petitoner moved an application for discharge which has illegally been rejected by the learned trial court without considering the matter properly and the learned lower revisional court has also illegally dismissed the revision filed by the petitioner without considering the material on record.