Allahabad High Court
Rajlakshmi Shah vs State Of U.P. & 3 Others on 20 February, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- CRIMINAL REVISION No. - 189 of 2020 Revisionist :- Rajlakshmi Shah Opposite Party :- State Of U.P. & 3 Others Counsel for Revisionist :- Pankaj Shukla Counsel for Opposite Party :- Govt. Advocate Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State.
The present criminal revision has been filed to quash/set aside the order dated 16.01.2020 passed in Criminal Case No.15 of 2019 by Vth-Additional Sessions Judge/Gangster Court, District-RaiBareli.
Learned counsel appearing on behalf of the revisionist submits that the application under Section 156(3) Cr.P.C. was rejected by court below vide order dated 16.01.2020 against the law as lower court has not appreciated the contents of the application.
The court below while rejecting the application under Section 156(3) Cr.P.C. has not taken the consideration that specific allegations were made in the said application in respect of the offences committed under the Indian Panel Code.
The court below has also not appreciated the provisions of Section 156(3) Cr.P.C., wherein the Magistrate is empowered under Section 190 Cr.P.C. and may issue the appropriate direction for investigation.
It is also not considered by the court below that the allegations made in the said application were prima facie are alleged to be cognizable, if the offences are cognizable in nature then it becomes mandatory to get the matter investigated. The court below while rejecting the application has failed to appreciate that the person/persons who indulge in anti-social activities, is in the nature of offences punishable under Chapter XVI, XVII & XXII of the Indian Panel Code.
At last alternatively, learned counsel for the revisionist has prayed to this Court that the revisionist may be given a liberty to move an application 156(3) Cr.P.C. before the competent court for alleging the case for offence punishable under the Indian Panel Code.
State has no objection of the prayer made by learned counsel for the revisionist.
Considering the facts and circumstances of the case and without entering into the merits of the case, the instant criminal revision is disposed of by giving liberty to the revisionist to move an appropriate application under Section 156(3) Cr.P.C. before the competent court within a month from today.
If the revisionist moves the said application, as directed above, the court concerned is directed to decide the matter, in accordance with law, by way of a detailed and reasoned order without getting influenced with the impugned order dated 16.01.2020.
Order Date :- 20.2.2020 Shivangi