Dismissed¶9

Constable Pramod Kumar v. State of U.P. and Another

Allahabad HC2 Dec 2022CRLR/4000/2016

Case brief

AI extract

What is this about?

Allahabad High Court, CRIMINAL REVISION No. 4000 of 2016, decided 2.12.2022 by Syed Aftab Husain Rizvi, J.; revision against Special Judge, Mathura order dated 17.11.2016 in Special Case No. 215 of 2016 directing registration of case and investigation on a S. 156(3) Cr.P.C. application alleging Ss. 354, 323, 506 IPC and 3(1)(X) SC/ST Act offences at P.S. Highway, Mathura; held no illegality in impugned order; revision dismissed as devoid of merit; no appearance for revisionist or O.P. No. 2.

What did the court decide?

There is no illegality in the impugned order dated 17.11.2016 passed by the learned Special Judge. ¶9

Constable Pramod Kumar Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

¶1

Court No. - 88

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Case :- CRIMINAL REVISION No. - 4000 of 2016

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Revisionist :- Constable Pramod Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.,Prem Shankar Pandey

¶4

Hon'ble Syed Aftab Husain Rizvi,J.

¶5

Case taken up in the revised call. None is present either for the revisionist or for the O.P. No. 2. Learned A.G.A. is present.

¶6

This criminal revision is filed against the judgment and order dated 17.11.2016 passed by Special Judge, Court No. 2, Mathura in Special Case No. 215 of 2016, Smt. Mauna Vs. Daroga Ji P.K. Malik & others, undr section 354, 323, 506 IPC and 3(1)X SC/ST Act, P.S. Highway, District Mathura.

¶7

The O.P. No. 2 moved an application U/s 156(3) Cr.P.C. against the applicant and two others for the offence under section 354, 323, 506 IPC and 3(1)(X) SC/ST Act, P.S. Highway, Mathura for court orders to register the case for investigation. It was alleged in the application that constable Pramod Kumar was demanding Rs. 5,000/- per month from the applicant (O.P. No. 2). On 17.2.2016 the police of police station Highway, Mathura took away the husband of the applicant after committing marpit with him. On information the applicant went to the police station then the accused persons named in the application abused, committed marpit and threatened the applicant. They also threatened to implicate her husband in some false case. They also used casteist remarks against the applicant. Report was called from the concerned police station. After perusal of the report the learned Special Judge by the impugned order dated 17.11.2016 has passed the order to register the case against the applicant only and investigate the matter.

¶8

Learned Special Judge has narrated the entire facts and material on record and has given the finding that from the averments made in the application prima facie cognizable offence is made out against the applicant Pramod Kumar only and has directed the concerned S.O. to register the case and investigate the matter.

¶9

There appears no illegality in the impugned order. The revision is devoid of merit and is hereby dismissed.

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Order Date :- 2.12.2022 Masarrat

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Digitally signed by MASARRAT HUSAIN Date: 2022.12.03 10:39:51 IST Reason: Location: High Court of Judicature at Allahabad

Constable Pramod Kumar v. State of U.P. and Another

Case brief

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Constable Pramod Kumar v. State of U.P. and Another

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