Single-line order rejecting an application under Section 156(3) Cr.P.C. The court dismissed the claim due to lack of medical evidence and prima facie frivolous nature of the complaint.
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Neutral Citation No. - 2024:AHC-LKO:64165
Court No. - 11
Case :- APPLICATION U/S 482 No. - 8344 of 2024
Applicant :- Jagdev Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Anjani Kumar Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
The application filed by the applicant under Section 156 (3) of the Cr.P.C was rejected vide order dated 10.01.2024, a copy of which is annexure 1 to the application. Being aggrieved, the applicant filed a revision which too has been rejected vide order dated 08.05.2024, a copy of which is annexure 2 to the application.
Perusal of the complaint, a copy of which is annexure 3 to the application would indicate that the allegations as levelled in the said complaint were that of the applicant having been beaten up by eight persons as named in the said complaint. However, no medical was annexed along with the said complaint which prevailed upon the learned trial Court to initially reject the said application and upon the learned revisional Court in rejecting the revision filed by the applicant.
Even considering the probability of the applicant having been beaten up by eight persons and in absence of any medical which itself is indicative of the prima facie frivolous nature of the complaint filed by the applicant.
Considering the aforesaid, no case for interference is made out. Accordingly, the application is rejected.
Order Date :- 18.9.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
Jagdev Prasad
State Of U.P.
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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