VIDYA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

(2.) This is an application under section 482 Cr.P.C. challenging the order dated 12.5.2014 passed by the Additional Chief Judicial Magistrate IV, Court No.28, Lucknow, whereby the learned Magistrate has treated the application of the applicant under section 156(3) Cr.P.C. as a complaint under section 190 (9) Cr.P.C. and has fixed the date for recording of statement of the complainant under section 200 Cr.P.C. The applicant has also challenged the revisional order passed by the District & Sessions Judge, whereby the revision filed by the applicant has been rejected.

(3.) The contention of the learned counsel for the applicant is that the applicant is an old lady aged about 65 years. She had purchased House No.SS 83, Sector D near Akilapur, Secretariat Colony, Jankipuram, Lucknow from the respondent no.2 way back in the year 1998. As the value of the house increased manifold with the passage of time, the respondent no.2 wanted to take back the possession of the house and to grab the same. The incident is said to have occurred on 30.3.2014 wherein the respondent no.2, his son along with other criminal associates are alleged to have visited the house of the applicant and tried to oust her. Another incident is said to have taken place on 13.4.2014 involving the respondent no.2 and certain criminal elements wherein they are said to have unauthorisedly entered into her premises and after breaking open the lock had taken away household goods, ornaments and cash etc. The police reached the place of incident on the call of the applicant to the police control room, whereupon the miscreants ran away along with aforesaid valuables.