Param Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Allahabad HC4 Jul 2023/1990/2023

Case brief

AI extract

What is this about?

The appellant appealed an order rejecting a Section 156(3) Cr.P.C. application via the Scheduled Caste and Tribes Act. The court held the rejected order was interlocutory and an equally efficacious remedy existed, rendering the appeal an abuse of process, leading to rejection of the appeal.

What did the court decide?

The criminal appeal was rejected and finally disposed of.

Param Kishore Vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:42506

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Court No. - 29

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Case :- CRIMINAL APPEAL No. - 1990 of 2023

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Appellant :- Param Kishore Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Appellant :- Anil Kumar Akela Counsel for Respondent :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard Mr. Anil Kumar Akela, learned counsel for the applicant, learned AGA for the State.

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Present criminal appeal under Section 14A (1) of the Scheduled Caste and Scheduled Tribes Act against the impugned order dated 05.04.2023 passed by the Special Judge, S.C./S.T. (P.A.) Act, Hardoi in Misc. Case No. 263 of 2022 "Param Kishore Vs. Wajeer Ahmad" under Section 156(3) Cr.P.C. Police StationKotwali Shahar, District-Hardoi by which the application under Section 156(3) Cr.P.C. has been rejected.

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It is submitted that the court below has rejected the application on the ground that the petitioner has not filed any injury report of injury received and also on the ground that the petitioner has not taken help on Police Helpline No. 112 of the incident. It is also submitted that the vide order dated 05.04.2023 learned court below rejected the application under Section 156(3) Cr.P.C. after calling police report and according to the report, there is no case registered in pursuance of the alleged incident, therefore, it is submitted to set aside the impugned order dated 05.04.2023 passed by the learned court below.

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Heard the rival submissions advanced on behalf of the parties and perused the record.

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It transpires from the record that application under Section 156(3) Cr.P.C. has been rejected by the learned court below on the ground that no medical report is filed along with the application and no information was given to the police on police helpline No. 112. The learned court below rejected the application observing that the matter relates to the recovery of payment of salary and it is also mentioned in the impugned order that the matter is of civil nature. From the perusal of the record, it is clear that the order passed by the learned trial court is interlocutory order and the appellant has an equally efficacious remedy to file compliant in the concerned court and produce the witnesses under Sections 200 and 202 Cr.P.C., hence, this appeal is an abuse of process of law, hence, this appeal is liable to be rejected at this stage and is rejected accordingly.

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However, it is open for the appellant to move a compliant in the court concerned to proceed with the application in accordance with law.

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In view of the aforesaid observations, this appeal is finally disposed of.

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(Renu Agarwal,J.)

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Order Date :- 4.7.2023

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Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench

Param Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Case brief

What is this about?

What did the court decide?

Param Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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