This petition under Article 227 sought to set aside orders dismissing a criminal complaint for lack of injury report. The High Court found no illegality in the lower court's order and dismissed the petition.
Petition to set aside the impugned orders is dismissed.
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Neutral Citation No. - 2024:AHC:128333
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 7519 of 2024
Petitioner :- Umesh Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Tewari Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, Sri Rajesh Kumar Gupta, learned A.G.A. for the State and perused the record.
By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned Order dated 22.07.2022 passed by the learned Chief Judicial Magistrate, Sambhal at Chandausi in Complaint Case No. 5747 of 2021 Umesh Chandra Vs. C.O. Rakesh Singh and others, as well as impugned order dated 01.03.2024 passed by the learned Additional Sessions Judge/Special Judge (POCSO Act), Sambhal at Chandausi in Criminal Revision No. 97 of 2022 Umesh Chandra Vs. State of U.P. and others, by which the learned lower Revisional Court dismissed the Criminal Revision of petitioner and affirmed the impugned order dated 28.07.2022 passed by the learned Chief Judicial Magistrate, Sambhal at Chandausi.
It has been submitted by learned counsel for the petitioner that an application was moved by the petitioner under Section 156 (3) Cr.P.C. which was treated as a complaint case alleging that the wife of the complainant registered a complaint against SubInspector Dalveer Singh, Police Station-Dhanari on the Chief Minister Portal. The said matter was referred to Circle Officer, Gunnaur, District- Sambhal who made a false report on another IGRS. The petitioner gave an application against the false report given by Circle Officer, Gunnaur to the District Magistrate, Sambhal during the Sampurn Samadhan Day in Gunnaur on 16.10.2021, but no action was taken. Regarding the same, the CO Gunnaur called the petitioner who was scuffled, threatened and took away Rs. 5,000/-. Petitioner was even threatened to take the complaint back and destroy all the evidence regarding the incident. On the basis of the aforesaid allegations, the statements of the complainant and the witnesses were recorded under Sections 200 and 202 Cr.P.C. and the complaint was rejected on 28.07.2022
under Section 203 Cr.P.C.
It has further been submitted by learned counsel for the petitioner that petitioner challenged the impugned order dated 28.07.2022 passed by the learned Chief Judicial Magistrate before the learned Session Judge, Sambhal at Chandausi by means of Criminal Revision No. 97 of 2022, which was also dismissed.
From the perusal of record, it is apparent that in the statements of the complainant and the witnesses recorded under Sections 200 and 202 Cr.P.C., it has been alleged that some scuffle (maar-peet) took place between the parties but to substantiate the version, no injury report was produced. It has also brought on record that the said enquiry conducted by the Circle Officer was done in discharge of his official duty.
Therefore, there is no illegality in the order impugned, therefore, no interference is required.
Hence, the petition is, accordingly, dismissed.
Order Date :- 8.8.2024 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether Article 227 jurisdiction warrants interference in an order dismissing a complaint case for lack of substantive evidence.
Umesh Chandra
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
