PREMA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by Srimati Prema Devi widow of Ram Prasad Dubey under Section 482, Cr. P.C. for quashing the orders dated 7.8.1986, 1.9.1986 and 24.2.1986, passed by S.D.M., Padrauna and the order dated 2.7.1987, passed by Sessions Judge, Deoria and also the proceedings in Criminal Case No. 248/86, under Section 145, Cr. P.C., Rajendra Dubey v. Prema Devi, pending in the Court of S.D.M., Padrauna at Kasia, district Deoria.

(2.) THE brief facts of the case are that the opposite party Rajendra Prasad Dubey filed an application under Section 145, Cr. P.C. and S.D.M., passed the preliminary order on 7.8.1986. THE applicant filed an application (Annexure-5) for dropping the proceedings as civil case was pending between the parties. Learned Magistrate by order dated 24.2.1987 rejected the application on the ground that he had no jurisdiction to review the earlier order. Against that order the Criminal Revision No. 121/87 was filed by Smt. Prema Devi in the Court of Sessions Judge which was also rejected by order dated July 2, 1987. Feeling aggrieved this application has been filed.

(3.) I have heard Sri P. N. Tripathi learned counsel for the applicant, Sri Arvind Srivastava learned counsel for the opposite party, learned A.G.A. and have perused the material on record.