Dismissed

Khem Karan v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 11 Others

Allahabad HC5 Jul 2023/493/2023

Case brief

AI extract

What is this about?

The High Court dismissed the criminal appeal filed by Khem Karan against the rejection of his section 156(3) Cr.P.C. application under the SC/ST Act. The court held that without a medical report, the application failed to disclose a cognizable offence. Since an equally efficacious remedy existed to file a complaint before the court instead of seeking police investigation via Section 156(3), the ap

What did the court decide?

Criminal Appeal No. 493 of 2023 was dismissed; appellant is liable to take recourse of law.

Khem Karan Vs State of U.P. Thru. Addl. Chief Secy. Home… — Caste Atrocities | Allahabad HC (2023)

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Court No. - 29 Case :- CRIMINAL APPEAL No. - 493 of 2023 Appellant :- Khem Karan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 11 Others Counsel for Appellant :- Deo Raj Singh,Adarsh Srivastava Counsel for Respondent :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Learned AGA for the State has filed objection, which is taken on record.

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2. Heard learned counsel for the appellant, learned A.G.A for the State and perused the entire record.

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3 . This criminal appeal under section 14-A(1) of Scheduled Cast and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the impugned order dated 24.08.2022 passed by Additional Session Judge/Special Judge, SC/ST Act, Lakhimpur Kheri, in Criminal Misc. Case No.246 of 2022(CNR No.UPLP01003736-2022) (Khem Karan Vs. Omkar and Others), Police Station Phardhan, District Lakhimpur Kheri, by which the court below has rejected the application under section 156(3) Cr.P.C. of the appellant.

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It is submitted by learned counsel for the appellant that on 18.03.2022 at about 09.00 P.M. opposite party nos. 4 to 12 abused with filthy and caste feeling language to the appellant. He went to the police station for lodging the FIR on 18.03.2022 and application of appellant was taken by the police official concerned at police station phardhan. When no FIR was registered even after the laps of one and half months the appellant met with the station house officer for lodging of the FIR, but no action was taken on his application. Thereafter, appellant prepared the application/reminder for lodging the FIR on 25.05.2022/27.05.2022 and sent to District Magistrate, Lakhimpur Kheri and Superintendent of Police, Lakhimpur

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Kheri by post on 27.05.2022. Thereafter, the appellate moved an application under section 156(3) Cr.P.C. on 03.06.2022, which was registered as Misc. Case No.246 of 2022, which was rejected by the trial court concerned on 24.08.2022. It is further submitted that appellant is a poor person and he has been beaten and given caste related abuses by the respondent nos.4 to 12 and it is the duty of respondent no.2 to pass necessary direction to investigate the matter. It is further submitted that the learned trial court has passed the impugned order illegally and arbitrary manner without application of judicial mind. Learned trial court did not consider the material available on record, therefore, impugned order dated 24.08.2022 passed by the trial court is liable to be set-aside.

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Learned AGA for the State submitted that learned trial court has passed the impugned order dated 24.08.2022 in consonance with the provisions of law. No medical report of the appellant or other injured person was filed in the trial court concerned. The application sent to Superintendent of Police is dated 25.07.2022, however, the registry receipt is dated 27.05.2022. It is further submitted that the appellant has equally efficacious remedy available for filing the complaint before court concerned, if the case is not registered in the concerned police station and it is misuse of the process of law.

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Considering the aforesaid submissions of learned counsel for the parties and perusal of record shows that the appellant has moved application under section 156(3) Cr.P.C. before the trial court concerned with the contention that at the Eve of Holi opposite party nos.4 to 12 started abusing the appellant by naming him with caste and also started beating him by fist and belt. The appellant was medically examined, but no FIR was lodged in police station concerned.

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From the perusal of record it is manifest that no medical report was annexed with the application, therefore, no cognizable offence can be gathered from the bare application under section 156(3) Cr.P.C. Appellant prepared application on 25.05.2022 and sent it to the Superintendent of Police, Lakhimpur Kheri by registered post on 27.05.2022. He also moved an application under section 156(3) Cr.P.C. before the trial court concerned on 03.06.2022. Learned trial court hold that the application under section 156(3) Cr.P.C. was moved by the appellant without sending the application to the Superintendent of Police, Lakhimpur Kheri, for registration of the FIR. It is manifest that appellant has equally efficacious remedy available to file complaint in the court concerned, if the case is not registered in the concerned police station.

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So far as SC/ST Act is concerned, some time the section is leveled only as a fundamental section to the case. The provisions of SC/ST Act ought to be weigh in the light of substantial offence committed under the section of IPC. There is no medical report to lead any cognizable offence against the opposite party nos.4 to 12.

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In these circumstances, the order dated 24.08.2022 passed by learned trial court concerned suffers with no illegality, irregularity or perversity. There is no miscarriage of justice as the appellant has equally efficacious remedy available for filing the complaint before court concerned, if the case is not registered in the concerned police station and the present appeal is the misuse of the process of law. Hence the appeal has no force and is liable to be dismissed.

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Accordingly, the appeal is dismissed. However, it is open for the appellant to take recourse of law.

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(Renu Agarwal,J.)

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Order Date :- 5.7.2023/VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Khem Karan v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 11 Others

Case brief

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Khem Karan v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 11 Others

Case brief

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What did the court decide?

What the court decided

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