Dismissed

Akhlak v. State of U.P. and 2 Others

Allahabad HC15 Nov 2022A227/10097/2022

Case brief

AI extract

What is this about?

This petition under Article 227 sought to set aside a trial court order dismissing a protest petition regarding an alleged firearm injury and a subsequent revisional order. The High Court dismissed the petition, holding that disputed questions of fact prevented interference and the lower courts acted correctly.

What did the court decide?

The petition filed under Article 227 to set aside the impugned orders and remand the matter for hearing was dismissed.

Akhlak Vs State of U.P. and 2 Others — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 91

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Case :- MATTERS UNDER ARTICLE 227 No. - 10097 of 2022

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Petitioner :- Akhlak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atmaram Nadiwal,Dinesh Kumar Yadav

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Counsel for Respondent :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Yagvendra Singh, Advocate holding brief for Sri Dinesh Kumar Yadav, learned counsel for the petitioner and learned A.G.A. for the State.

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This petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the judgement and order dated 09.11.2021 as well as 26.07.2022 with a further prayer to remand back the matter for hearing afresh and to pass any other suitable order.

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It is contended on behalf of the petitioner that the respondent nos.2 and 3 fired upon him and he sustained a fire arm injury on his right hand and, therefore, he applied for lodgement of an F.I.R. by moving an application under section 156(3) Cr.P.C. After investigation a final report was filed. On the protest petition filed by the petitioner, the matter was heard but the petition was dismissed by the impugned order dated 09.11.2021. Thereafter, the revision filed on his behalf also came to be dismissed by an order dated 26.07.2022.

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Learned A.G.A. has opposed this petition.

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As per the case of the petitioner, he was fired upon by respondent nos.2 and 3 and he sustained fire arm injury on his right hand. He says that though he produced the medical report in support of his allegation and also gave oral statement, however, a final report was submitted by the Investigating Officer ignoring the material on record; likewise the trial court dismissed his protest petition and the revisional court dismissed his revision in an arbitrary manner without considering the medical evidence and the oral evidence.

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The trial court took notice of the statement of the Medical Officer that the injury was not of fire arm and of the fact that no X-ray was conducted. Some other facts were also taken into consideration including the fact that there has been a property

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dispute between the two sides. In my view, the learned trial court rightly referred to settled legal positions as regard the options available to it in dealing with the protest petition. The order of trial court is speaking and reasoned and has been passed after taking into consideration all the facts and circumstances of the case. It did not find sufficient ground to proceed against the accused persons and dismissed the protest petition. The revisional court found no fault in the order of the trial court and refused to interfere in exercise of the jurisdiction under section 397 Cr.P.C. The trial court as well as the revisional court found the matter quite suspicious.

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It may not be out of place to mention that the petitioner has an option of filing a complaint case still open, if he thinks fit. The petitioner is not remedyless. Moreover, the matter involves disputed questions of fact, which cannot be decided in this proceeding. I do not find any ground to interfere in the impugned orders in exercise of powers of the Court under Article 227 of the Constitution of India.

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Accordingly, the petition is dismissed .

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Order Date :- 15.11.2022 Saif

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Digitally signed by SHAIKH SAIF ABDIN Date: 2022.11.17 09:56:01 IST Reason: Location: High Court of Judicature at Allahabad

Akhlak v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Akhlak v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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