Revision filed against dismissal of section 156(3) Cr.P.C. application by a Scheduled Caste woman alleging caste-based abuse during ration card protest. Court held matter civil in nature.
Revision dismissed as it is a matter of civil nature and impugned order suffered no illegality.
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Court No. - 79
Case :- CRIMINAL REVISION No. - 416 of 2021
Revisionist :- Smt. Anarkali Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The present revision has been filed against the judgment and order dated 06.01.2021 passed by Additional District and Sessions Judge/Special Judge (SC/ST Act), Hamipur in criminal misc. no. 288 of 2020 under Section 156(3), Cr.P.C., whereby said application has been dismissed.
Learned counsel for the revisionist submits that the revisionist belongs to scheduled caste. Her Antyodaya Ration Card was cancelled by Madhu Gupta, Khand Vikas Adhikari at the behest of village Pradhan and other persons on the ground that she owns a tractor and does not fall within the eligibility criteria prescribed.
It is contended by the learned counsel for the revisionist that in the month of October, 2020 at about 04.30 PM the revisionist went to fair price shop dealer (Kotedar), where Madhu Gupta, Khand Vikas Adhikari, village Pradhan and other persons were present and in front of all of them, when the revisionist lodged her protest with regard to cancellation of her Ration Card, the accused persons present there abused her by caste indicating words. Thereafter, the revisionist moved applications to higher authorities for lodging first information report but her report was not lodged, as such, she filed application under Section 156(3), Cr.P.C. before the court concerned but the same was rejected vide order dated 06.01.2021.
Heard learned counsel for the revisionist, learned A.G.A. for the State respondent and perused the record.
Perusal of the impugned order would disclose that the Magistrate, after considering the police report, has passed the impugned order. The police report contains recital to the effect that the husband of the revisionist was in possession of a tractor no. UP-9109893 and same was subsequently transferred in the name of one Sri Ram Narayan. It was also mentioned in the police report that the revisionist runs a general merchant shop at her residence and she had a generator, which was subsequently sold to another person. The revisionist appears to be aggrieved
by the cancellation of her ration card. The instant matter is purely of civil nature.
Considering the facts and circumstances of the case and the conclusion arrived at by the court below, this Court is of the view that the impugned order does not suffer from any illegality, purversity or jurisdictional error so as to warrant any interference by this Court in revisional jurisdiction.
Accordingly, the present revision lacks merit and is, accordingly, dismissed.
Order Date :- 15.3.2021 SKT/Ashish
2 issues framed by the court
Whether the revision against dismissal of application under Section 156(3) Cr.P.C. warranting police direction in a caste-hate speech matter deserves interference.
Whether the instant dispute regarding cancellation of ration card is purely civil in nature and thus not suitable for criminal proceedings.
1 provisions across 1 enactments
Smt. Anarkali
State Of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
