Dismissed

Ramfal v. State of U.P. and 7 Others

Allahabad HC15 Jul 2024CRLA/5695/2024

Case brief

AI extract

What is this about?

The Single Judge of the Allahabad High Court dismissed an appeal preferring a challenge to an order by the Special Judge, SC/ST Act, which treated a Section 156(3) CrPC application as a complaint case. The court upheld the trial court's discretion and held the order was not illegal.

What did the court decide?

None. The appeal was dismissed and the impugned order of the Special Judge was left inforce.

Ramfal vs State of U.P. and 7 Others — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:136329

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5695 of 2024

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Appellant :- Ramfal Respondent :- State Of U.P. And 7 Others Counsel for Appellant :- Rajesh Kumar Chaudhary Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Mr. Rajesh Kumar Chaudhary, learned counsel for appellant and learned AGA for the State-respondent. Despite service of notice, no one appeared on behalf of respondent nos.2 to 8 even in the revised call.

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The present criminal appeal under Section 14-A(1) of SC/ST Act has been preferred challenging the order dated 11.08.2023 passed by learned Special Judge, SC/ST Act, Basti in Misc. Criminal Case No.160 of 2023 (Ramfal Vs. Birendra Singh and others) in application under Section 156(3) Cr.P.C., Police Station Nagar, District Basti.

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It is the case of appellant that he is permanent resident of Village Baksar, P.S. Nagar, District Bast since long and his shop is situated in his own house. Earlier, the appellant preferred a complaint against the Gram Pradhan in respect of some irregularities before District Magistrate, Basti, being aggrieved with the same, the Gram Pradhan with the help of some Government officials, destroyed the house of the appellant on 12.01.2023. Thereafter, the appellant approached the police authorities concerned for lodging an FIR against the said persons with regard to the incident dated 12.01.2023, whereupon no heed has been paid. Being aggrieved with the same, the appellant moved an application under Section

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156(3) Cr.P.C. before the learned Special Judge, SC/ST Act, Basti with a prayer to direct the police authority concerned to register FIR against the accused persons which was treated as complaint case vide impugned order dated 11.08.2023.

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Learned counsel for appellant submitted that without perusing the evidences available on record and without applying its judicial mind, the learned Special Judge, SC/ST Act, Basti vide its order dated 11.08.2023, treated the application under Section 156(3) Cr.P.C as complaint case which was preferred by the appellant. Learned counsel for appellant further submitted that without investigation, the damages caused to the appellant by respondent nos.2 to 8, cannot be find out and also the allegations levelled against them, cannot be proved and as such, order dated 11.08.2023 is illegal and arbitrary and the same may be quashed by directing the court concerned to give direction to register FIR against the respondent nos.2 to 8.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the appeal and submitted that after considering the material on record, learned trial court passed the order and as such, there is no illegality in the same.

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After having the rival submissions of learned counsel for parties and perusal of the impugned order, it appears that the concerned court after considering the material passed the order impugned. The Magistrate is not bound in each and every case to pass an order to register a case and investigate if cognizable offence is made out. The Magistrate is fully competent to use its judicial direction in the matter. This is wrong notion that if an application has been moved under Section 156(3) Cr.P.C. that the only order can be passed for registration in the matter. The magistrate has got

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direction under Section 190 Cr.P.C. to take the cognizance directly or to pass an order that the police to investigate and then take cognizance on submissions of a report under Section 173 Cr.P.C. The Magistrate is also expected to act under some guidelines and it should not be left at the arbitrary discretion of the Magistrate to pass an order or not to pass an order to register the case and investigation under Section 156(3) Cr.P.C. In Gulab Chandra Upadhyaya v. State of U.P. [2002 (44) SCC 670] , a Coordinate Bench of this Court laid down the guidelines for the guidance of Magistrate while deciding the application under Section 156(3) Cr.P.C. and the guidelines cannot be said against any provision of law or check on the judicial direction of the Magistrate. Even Hon'ble Apex Court also held that the Magistrate has got a direction to pass an order to register the case and investigation under Section 156(3) Cr.P.C. or to treat an application as a complaint case.

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In the present case, the court concerned passed an order in the circumstances of the case that it may be registered as a complaint case and proceed to record the statement under Sections 200 Cr.P.C. There appears no illegality and impropriety in the order of the Magistrate.

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In view thereof, the appeal lacks merit and is hereby dismissed .

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Order Date :- 23.8.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Ramfal v. State of U.P. and 7 Others

Case brief

What is this about?

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Ramfal v. State of U.P. and 7 Others

Case brief

What is this about?

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