Uma Shankar Srivas Vs State of U.P. and Anr.

Court No. - 51

Case :- CRIMINAL REVISION No. - 1110 of 2018

Revisionist :- Uma Shankar Srivas Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Nitin Sharma Counsel for Opposite Party :- G.A.,Rajeev Kumar Sharma

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the revisionist, Sri Rajeev Kumar Sharma, learned counsel for opposite party no. 2 and learned AGA for the state.

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The present criminal revision has been filed against the order dated 17.02.2018 passed by Special Judge SC/ST (P.A.) Act, Hamirpur in Criminal Misc. Case No. 97/11/2017 in which the application under section 156(3) Cr.P.C. for registration of criminal case/FIR has been rejected.

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Learned counsel for the revisionist has contended that a bare perusal of the application under section 156(3) Cr.P.C., would demonstrate the commission of cognizable offence, thus, the order impugned is bad in the eyes of law.

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A Full Bench of this Court in the case of Father Thomas Vs. State and another reported in (2011) 1 ADJ 333, in para 62 has observed that "The High Court should discourage the practice of filing a writ petitions or petitions under section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police. For this grievance, the remedy lies under sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under section 200 Cr.P.C. and not be filing a writ petition or a petition under section 482 Cr.P.C."

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In view of the law laid down by Full Bench of this Court in the case of Father Thomas (Supra), the instant criminal revision is dismissed.

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However, the revisionist may avail the remedy available to him, if he so desires.

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The aforesaid observation, the revision is finally disposed of.

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Order Date :- 13.9.2019 Ujjawal

Uma Shankar Srivas v. State of U.P. and Anr.

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Uma Shankar Srivas v. State of U.P. and Anr.

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