This petition under Article 227 sought quashing of orders declining investigation under Section 156(3) Cr.P.C. against false criminal complaints in a civil land dispute. The Single Judge found the allegations pertained to a civil matter and dismissed the writ petition.
Petition under Article 227 was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- MATTERS UNDER ARTICLE 227 No. - 9298 of 2019 Petitioner :- Daya Kishan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Akhilesh Kumar, learned counsel for the petitioner and learned A.G.A. for the State-respondent.
This petition has been filed with the prayer for quashing the orders dated 02.2.2017 passed by Civil Judge (Senior Division), F.T.C. in Misc. Application No. 1304 of 2016 (Daya Kishan Vs. Ram Kishan and order dated 30.7.2019 passed by Additional Sessions Judge, Room No. 1, Saharanpur in Criminal Revision No. 64 of 2017 (Daya Kishan Vs. Ram Kishan & another) by which, firstly the lower court rejected the application of the petitioner given under section 156 (3) Cr.P.C. and subsequently when revision was filed, the revisional court also rejected the revision.
From perusal of record, it appears that the allegations which were made in the application under section 156 (3) Cr.P.C., were quite in nature of civil grievance as crux of grievance was that there was a land dispute pending between both sides in respect of survey of disputed land. The opposite parties filed false complaint for the offence under sections 452, 504, 506, 467, 468, 471, 392 IPC in which petitioner spent his time for the period of 21 years, hence the petitioner claimed damages of Rs.1,00,000/- along with mental and physical harassment. In the said criminal case, petitioner was discharged.
From perusal of lower court record, it appears that considering this fact, the court below expressed the view that whole matter pertains to a dispute of civil nature for which, remedy is to pay compensation. As such, finding that by the allegations made in the application, no cognizable offence was made out, the application of the petitioner was rejected and that order was further upheld in the revision.
In view of above, where both the courts below have expressed concurrent view in respect of application of the petitioner, there appears no ground for any interference.
In the result, the petition has got no force, hence the same is dismissed.
Order Date :- 7.12.2019/RCT
3 issues framed by the court
Whether the petition for quashing the orders rejecting the application for investigation under Section 156(3) Cr.P.C. against false criminal complaints filed in a land dispute requires interference.
Whether the matter pertains to a civil dispute regarding land survey allegations rather than a cognizable offence.
Whether concurrent views of the lower courts rejecting civil grievance as a basis for criminal investigation warrant setting aside in a writ petition.
4 provisions across 4 enactments
Daya Kishan
State Of U.P.
Ram Kishan
Other
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
