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SMT. ATWARI DEVI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Atwari Devi v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 15662 of 2006 [2007] RD-AH 720 (11 January 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.45

CRIMINAL MISC. WRIT PETITION NO. 15662 OF 2006

Smt. Atwari Devi......................................Petitioner.

                                     Versus

State of U.P. and others...................... ....Respondents.

Hon. Mrs. Poonam Srivastav, J.

Learned counsel for the petitioner has filed supplementary affidavit explaining the delay in paragraph nos. 6 and 7 of the supplementary affidavit. Cause shown is sufficient. Delay in filing the writ petition is condoned. The writ petition is treated within time.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The orders dated 26.6.2006 passed by the respondent no.2 and 10.4.2005 passed by the respondent no.3 Annexure nos. 1 & 4 (wrongly mentioned in the prayer as 30.5.2006) are impugned in the instant writ petition. An application under Section 156(3) Cr.P.C. was preferred by the petitioner before the Judicial Magistrate, Kasya, District Kushinagar. He called for a report from the concerned police station. The Magistrate rejected the application under Section 156(3) Cr.P.C. on 10.4.2006 coming to a conclusion that the respondent no.4 Smt. Subhawati Devi contested the Gram Panchayat Election in the year 2005 on the basis of caste certificate showing herself belonging to caste "Gond".  Allegation is that caste certificate was obtained fictitiously. An application was given before the Tehsildar after the Election, Caste certificate has now been cancelled. The concerned department is already proceeding in respect of the forged certificate prepared by the respondent no.4. Therefore, the Magistrate declined to direct the police to register and investigate the matter, since it has already been inquired into. The order was challenged in revision and the same has been dismissed vide order dated 26.6.2006 by the Additional Sessions Judge, Kushinagar.  The courts below were of the view that allegations do not constitute a cognizable offence and the matter does not call for investigation by the police and appropriate action is being taken by the concerned authority.

For the reasons discussed above, I do not find any illegality in the impugned orders. The writ petition lacks merit and is, accordingly, dismissed.

Dt. 11.1.2007

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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