LAWS(ALL)-2024-8-168

SANGEETA MISHRA Vs. STATE OF UTTAR PRADESH

Decided On August 30, 2024
Sangeeta Mishra Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri S.K. Dubey, learned counsel for the applicant, Sri Rizwan Ahmad, learned AGA for the State and perused the record.

(2.) The applicant has preferred instant application under Sec. 482 Cr.P.C. assailing validity of an order dtd. 5/5/2022 passed by Chief Judicial Magistrate, Mathura in Misc. Application No. 2646/XI of 2021[Smt. Sangeeta Mishra v. Sachchidanand and others], vide which application under Sec. 156(3) Cr.P.C. has been rejected, as well as order dtd. 21/4/2023[Passed in Criminal Revision No. 300 of 2022 by Additional District Judge, Court No. 3, Mathura] vide which criminal revision against the aforesaid order has been rejected.

(3.) Brief facts of the case are that a first information report was lodged by Raghvendra Singh, Sub-Inspector on 28/5/2020 at 23:42 hours, under Ss. 302 and 201 IPC, bearing Case Crime No. 331 of 2020, Police Station Vrindavan, District Mathura, against unknown, alleging that on 3/5/2020 at about 19:14 hours burnt dead body of one unknown person was found near the boundary wall of fields behind Vaishno Devi Dham. Postmortem report of the aforesaid was conducted, from which it was found that the aforesaid person was done to death by throttling and in order to destroy the evidence, the body was burnt and thrown behind Vaishno Devi Dham.