PREMA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. This application has ben 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 (Annex ure-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 AGA and have perused the material on record.