Munna Lal vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 5 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 3419 of 2025

Munna Lal

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 5 Others .....Opposite Party(s) Counsel for Applicant(s) : Shiv Kumar Counsel for Opposite Party(s) : G.A., Sandeep Gupta

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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FSL Report filed by learned AGA in sealed cover has been opened and is taken on record.

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Since, the private-opposite party nos. 2 to 6 were not aggrieved because the application under Section 156(3) CrPC was not entertained, therefore, the notices to them are dispensed with.

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Heard Shri Shiv Kumar, learned counsel for the applicants and Sri Rao Narendra Singh, learned AGA-I for the State.

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The present application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 17.02.2025 passed by Session Judge, Sitapur (in short "revisional Court") in Criminal Revision No. 154 of 2024 whereby the revision filed by the applicant against order dated 10.09.2024 passed by the Chief Judicial Magistrate, Sitapur (in short "Magistrate) in Criminal Misc. Case No. 308 of 2024 has been dismissed, which is also impugned herein.

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It the case of the applicant that that the son of the applicant namely Satyaom was married with opposite party no. 4/Prem Pyari and the relations of the deceased and Prem Pyari was not cordial. The in-laws of the deceased and the private-opposite parties came to the house of the applicant on 25.03.2024, and there was quarrel with son of the applicant and they had also beaten him and took away valuable jewellery from the

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A482 No. 3419 of 2025

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2

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house.

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It has been further submitted that on the next day i.e. 26.03.2024, the son of the applicant went to his in-laws' house where the wife of the deceased had gone and he was poisoned by them and his condition was critical. Health of son of the applicant was very critical, therefore, in laws brought him to the house of the applicant and ran away from the place. The applicant admitted his son to the Community Health Centre, Maholi, Sitapur, where the doctor examined the son of the applicant and referred to District Hospital, Sitapur, and again on 27.03.2024 he was referred to Medical College, Lucknow where during treatment the son of the applicant died.

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It has been further submitted that after death of the son of the applicant the post-mortem was also conducted. The applicant gave an application at Police Station - Imliya Sultanpur, District Sitapur on 11.04.2024 stating all the facts, but no heed was paid. Thereafter, he moved an application under section 156 (3) Cr.P.C. dated 01.05.2024, which was rejected on 10.09.2024 by the Magistrate.

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It has been further submitted that the applicant, being aggrieved with the order dated 10.09.2024, filed the revisional which was also dismissed.

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It has been further submitted that the Magistrate has given reason for not passing the order on application under Section 156(3) CrPC for lodging of FIR because medical report was not available. The Revisional Court has confirmed the order dated 10.09.2024. Both Courts have said that there is no Viscera Report that is why the application was rejected, which is illegal.

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It has been further submitted that now FSL Report has come which indicates that Chlorpyrifos Insecticide Poison has been found in parts of Viscera.

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Sri Rao Narendra Singh, learned AGA-I for the State has submitted that now FSL Report has come which indicates Chlorpyrifos Insecticide Poison has been found in parts of Viscera. He has also submitted that cognizable offense is made out and the application under Section 156(3)

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A482 No. 3419 of 2025

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3

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CrPC is liable to be entertained in the light of FSL Report.

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I have heard learned counsel for the parties and have perused the record as well as FSL Report.

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After going through the record and particularly FSL Report, which indicates Chlorpyrifos Insecticide Poison has been found in parts of Viscera. The Magistrate and the Revisional Court have not entertained the application under Section 156(3) CrPC on the ground that Viscera Report was not available. This finding cannot be sustained at this stage, the Magistrate and the Revisional Court were empowered to call Viscera Report, which was not done. Now, the FSL Report has come which indicates Chlorpyrifos Insecticide Poison has been found in parts of Viscera.

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Keeping in view aforesaid observations, the application is allowed . The order dated 17.02.2025 passed by the Revisional Court and the order dated 10.09.2024 passed by the Magistrate are set aside. The matter is remanded back to the Magistrate to take afresh decision on the application under Section 156(3) CrPC, within a period of four weeks from the date of receipt of certified copy of this order.

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(Brij Raj Singh,J.)

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January 19, 2026 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Munna Lal v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 5 Others

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Munna Lal v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 5 Others

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