LAWS(ALL)-2019-12-138

LALITA DEVI Vs. STATE OF U.P.

Decided On December 18, 2019
LALITA DEVI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Mr. Ajay Sengar, learned counsel for the petitioner and learned A.G.A. for the State.

(2.) The present petition under Article 227 of the Constitution of India has been filed to quash the order dated 1st April, 2019 passed by the City Magistrate, Paragana-Orai, Jalaun at Orai in Case No. 02 of 2018 (Smt. Lalita Devi Vs. Veni Madhav and Others), under Section 145 Cr.P.C., Kotwali-Orai, District-Jalaun as well as the order dated 13th September, 2019 passed by the Additional Sessions Judge/Special Judge (E.C.Act), Jalaun at Orai in Criminal Revision No. 49 of 2019 (Smt. Lalita Devi Vs. Veni Madhav and Others), under Section 397 Cr.P.C., Police Station-Kotwali, District-Jalaun.

(3.) Learned counsel for the petitioner and the learned A.G.A. agree that this application may be finally disposed of without issuing notice to opposite party no.2 in view of the order proposed to be passed today. Normally, this Court would have issued notices to opposite party no.2 to file counter affidavit but no purpose would be served by keeping the present application pending. However, it shall be open for opposite party no.2 to file recall application against this order, if he feels so aggrieved.