1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application u/s 482 Cr.P.C. has been filed seeking following prayer :-
“It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the present application and may kindly be pleased to quash the impugned order dated 31.01.2024 passed by learned Sessions Judge, Kushinagar at Padrauna in Criminal Revision No. 133 of 2023 of Complaint No. 518 of 2020, under Section – 203 Cr.P.C. (Ganga Godawari Vs. State of U.P. and 3 others), so that justice may be done, otherwise accused applicant shall suffer irreparable loss and injury.”
3. It is submitted by learned counsel for applicant that applicant has lodged complaint against opposite party no.2 to 4 alleging that they were trying to take possession in the land of applicant by crossing boundary of land and when applicant objected, they have abused and assaulted her. It was submitted that the complainant has supported that version in her statement recorded under Section – 200 Cr.P.C.. The witnesses examined under Section – 202 Cr.P.C. have also supported that version but despite that the complaint was dismissed by the learned Magistrate under Section – 203 Cr.P.C. vide order dated 21.07.2023. The applicant has preferred a criminal revision against that order, which has also been dismissed by learned Sessions Judge, Kushi Nagar at Padrauna vide order dated 31.01.2024. It was submitted both the impugned orders are against facts and law and thus, liable to be set aside and that a prima facie case is made out against opposite party no.2 to 4.
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