Smt. Chameli Devi v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 37085 of 2023 Applicant :- Smt. Chameli Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Rajesh Pandey, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State.

¶2By way of present application, the applicant has challenged the order dated 16.11.2022 passed by the learned court of Sessions Judge, Pilibhit in Criminal Revision No.116 of 2022 (CNR No.UPPB-010064202922), Ram Chandra Vs. Smt. Chameli Devi & Another, u/s-397 Cr.P.C., by which learned court below has set aside the summoning order dated 18.01.2021 passed by the learned court of Judicial Magistrate, Pilibhit in Complaint Case No.2021 of 2019, u/s 376, 506 IPC, Police Station-Puranpur, District-Pilibhit.

¶3A preliminary objection has been raised by learned A.G.A. as per order of the Apex Court passed in the case of Radhey Shyam Vs. State of U.P. reported in (2015) 5 SCC 423, wherein it is observed that all the judicial orders will be challenged under Article 227 of the Constitution of India.

¶4This Court is of the view that Apex Court clearly observed in the aforesaid judgment that all the judicial orders will be challenged in the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India, therefore, judicial orders should normally be challenged under Article 227 of the Constitution of India. However, Apex Court in the case of Prabhu Chawla Vs. State of Rajasthan and another, (2015) 17 SCC (562) observed that alternative remedy is not a bar to exercise jurisdiction u/s 482 Cr.P.C. in exceptional case. Therefore, in exceptional case application u/s 482 Cr.P.C. may be entertained against judicial order in the interest of justice.

¶5In the present case, the applicant could not make out the case of exceptional nature, which could persuade this Court to exercise its inherent power under Section 482 Cr.P.C.

¶6In view of the above legal position, applicant is permitted to file petition under Article 227 of the Constitution of India for challenging the impugned judicial orders.

¶7With the aforesaid observation, the present application is dismissed.

¶8Certified copy of the impugned order, if any, may be returned to learned counsel for the applicant after retaining xerox copy of the same. Order Date :- 8.11.2023 S.Chaurasia High Court of Judicature at Allahabad