This is a criminal revision dismissing a petition challenging a lower court order that rejected a complaint alleging assault and molestation. The revision was dismissed for lack of merit due to lack of corroborative evidence and absence of injury report.
Revision dismissed as it lacks merit.
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Neutral Citation No. - 2024:AHC:130113
Court No. - 84
Case :- CRIMINAL REVISION No. - 1369 of 2024 Revisionist :- Smt Kusuma Devi Opposite Party :- State Of Up 5 Others Counsel for Revisionist :- Rakesh Chandra,Sulabh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the revisionist, learned A.G.A. representing the State and perused the record.
Instant criminal revision under Section 397/401 Cr.P.C. against the order dated 25.01.2024 passed by Additional District and Session Judge/Special Judge, POCSO Act, Court No. 3, Firozabad in Complaint Case No. 814 of 2023 whereby complaint of the revisionist has been dismissed under Section 203 Cr.P.C.
Brief facts of the case which are required to be stated are that the revisionist moved an application under Section 156(3) Cr.P.C. seeking direction to lodge the first information report against opposite party nos. 2 to 6, namely, Satya Pal, Anshuman, Gulab Singh, Mangal Singh and Subhash Chandra making allegation inter alia that on 12.02.2023 at 07:30 P.M., her minor daughter aged about 10 years had gone outside the house for playing with children. At that time, Satyapal and Anshuman of her village caught hold her daughter with bad intention. On raising alarm, they ran away from the place of occurrence. When she alongwith her family members went to make complaint to the house of Subhash Chandra (opposite party no. 6), opposite party nos. 2 to 5 who were also present there became furious and badly beaten her by kicks and fists as well as with sticks. The said application of the revisionist was treated as complaint vide order dated 06.04.2023 and after recording the statement under Section 200 and 202 Cr.P.C., the concerned Court below dismissed the complaint under Section 203 Cr.P.C. vide order dated 25.01.2024, which is the subject matter of challenge in the present case.
It is argued by learned counsel for the revisionist that since the accused persons have molested the minor daughter of the complainant/revisionist, therefore, the concerned Court below has committed legal error in dismissing the complaint of the revisionist.
On the other hand, learned A.G.A. representing the State submits that the concerned Court below before passing the impugned order dated 25.01.2024 has also called for police report. Accordingly, police of concerned police station submitted report mentioning therein that against Shashi Kapoor and Anil Kapoor, who are brothers-in-law of the complainant/revisionist, the first information report was lodged at Case Crime No. 213 of 2022, under Section 380 IPC and Section 66 Information Technology Act, police station Fariha, district Firozabad, which is still pending. On account of said enmity, the complainant has filed this case in order to mount pressure upon them.
Having heard the submission of learned counsel for the parties and perusing the record, I find that the concerned Court below while rejecting the complaint of the revisionist has observed that the allegation of assault by kicks and fists as well as with sticks have been levelled by the complainant whereas no injury report has been filed. It has also observed that the complainant did not file any document in support of her averment that the victim was minor child. The oral allegations are not supported by any other corroborative material. Hence, considering the facts and circumstances of the case, I do not find any good ground to interfere in the impugned order dated 25.01.2024, which is flawless.
The criminal revision lacks merit and is, accordingly, dismissed.
Order Date :- 12.8.2024 Shubham
Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should interfere with the lower court's order dismissing the complaint due to lack of corroborative material for assault allegations and failure to prove the victim's minority.
Whether the absence of an injury report and supporting documents justifies the dismissal of the criminal complaint.
3 provisions across 1 enactments
State Of Up
Sanjay Kumar Singh
Shubham Kumar Agrahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
