LAWS(ALL)-2024-10-56

SARITA SHARMA Vs. STATE OF U. P.

Decided On October 16, 2024
SARITA SHARMA Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Instant Criminal Revision has been preferred under Sec. 397/401 Cr.P.C. against the impugned order dtd. 23/6/2023 passed by learned Chief Judicial Magistrate, Hathras in Criminal Complaint Case No.849/12/2022, whereby application moved by the applicant/revisionist under Sec. 156(3) Cr.P.C. has been dismissed.

(2.) Heard Sri N.I.Jafri, learned Senior Advocate assisted by Sri Ali Jamal Khan and Sri Sadrul Islam Jafri learned counsel for the revisionist, Sri Saghir Ahmad learned Senior Advocate assisted by Sri Rahul Kumar Sharma and learned A.G.A. for the State-respondent and perused the material available on record.

(3.) Brief facts of the case are that the applicant who is the victim has moved application under Sec. 156(3) Cr.P.C. stating therein that the incident occurred on 24/6/2022 at 01:00 pm. When she moved towards office after finishing her teaching work in Civilian School run by Basic Education Department, Kota in Block Mursan, District Hathras, suddenly opposite party Laxmi Narayan Sharma who was working as Head Master in Primary School Nagla Mallu, Block Mursan, District Hathras emerged there and asked her to stop, when she reached in the veranda of the school he abused her in filthy language and asked for her husband Jitendra Sharma in abusive language, then she stopped her to abuse them, he again abused her and acted in obscene manner with her. He tried to grab her breast and tried to molest her, which resulted in outraging her modesty. On hearing her shierks her husband Jitendra Sharma reached on the spot and then the opposite party escaped from there after threatening him with life. The opposite party used to threaten her every now and then, when she happened to be on way to school. Her report was not lodged at police station, she reported the matter by registered post to police, but no action was taken. She moved an application under Sec. 156(3) Cr.P.C. before the Magistrate concerned i.e. Chief Judicial Magistrate, Hathras.