Allahabad High Court
Kamal Kumar vs State Of U.P. Thru. Secy. Deptt. Of Home ... on 6 May, 2022
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 2374 of 2022 Applicant :- Kamal Kumar Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Secrtt. And Others Counsel for Applicant :- Arun Kumar Mishra,Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application (u/s 482 Cr.P.C.) has been filed with the prayer to quash the impugned order dated 15.12.2021 passed by learned Sessions Judge, Pratapgarh in Criminal Misc. Case No.646 of 2021 (Kamal Kumar vs. Dipankar @ Deepu) as well as order dated 22.11.2021 passed by learned Judicial Magistrate, Lalganj, Pratapgarh in Criminal Misc. Case No.108 of 2021 (Kamal Kumar vs. Dipankar @ Deepu and Others). Further prayer has been made for directing the court below to allow the application under Section 156(3) Cr.P.C. moved by the applicant bearing Criminal Misc. Case No.108 of 2021 (Kamal Kumar vs. Dipankar @ Deepu and Others) and also direct the police of Police Station Lalganj, District Pratapgarh to lodge F.I.R. and investigate the matter in accordance with law.
Learned counsel for the applicant has submitted that the private opposite parties are having inimical relations with the applicant. On the date of incident, the private opposite parties came to the house of applicant on the motorcycles and started abusing the applicant also attempted to kill him. Then, the applicant entered into his house and the accused persons also followed him in the house and started beating him. On alarm of the applicant, other family members, namely, Dinesh Kumar, Gajain, Gulab Kali, Narsingh, Vijay Kumar and Rajesh Kumar Kumar reached on the place of incident for his rescue and they were also beaten by the private opposite parties. Other villagers also reached on the spot. In the said incident, one gold chain, ear rings and cash amounting to Rs.10,000/- was also taken away by the accused persons while giving life threat. The accused persons also broken their vehicle and given a threat that the applicant along with other family members will be implicated in the false case. On the information, police also reached on the spot. He further submitted that when no action was taken by the police, then one application was given to the Superintendent of Police, Pratapgarh on 28.09.2021 for registering the F.I.R. and investigation of the case, but no action was taken. Thereafter, the applicant moved an application under Section 156(3) Cr.P.C. before the Judicial Magistrate, Lalganj which was treated as a complaint case.
Learned counsel for the applicant has further submitted that in the said incident, applicant and other family members also received injuries, as the police did not send them for medico-legal examination, therefore, on the next date i.e. 22.04.2021, applicant and other family members went to C.H.C., Lalganj, Pratapgarh for their medical aid and they were medically examined, but the learned court below failed to consider the injury reports of the applicant and other family members and the application under Section 156(3) Cr.P.C. moved by the applicant was treated as a complaint case and ordered for recording the statements under Sections 200 & 202 Cr.P.C. Thereafter, a criminal revision was filed before Sessions Judge, Pratapgarh challenging the order passed by the court below. He also relied on the decision of this Hon'ble Court in the case of Smt. Anjum vs. State of U.P. and Another and submitted that in case recovery of any valuable movable property is to be made, then it is obligatory on the part of Magistrate to order for registering F.I.R. Therefore, kind indulgence of this Court is necessary.
Learned A.G.A. has opposed the prayer of the applicant and submitted that as per complaint in question, the incident took place on 21.04.2021 at about 08:30 a.m. He also submitted that the application was given to the Superintendent of Police, Pratapgarh on 28.09.2021, after about five months from the date of alleged incident and in the application it is also informed that the police also reached on the place of incident, but it is nowhere mentioned that any complaint was given to the police and request was made for giving first aid to the injured persons. He also submitted that medico-legal reports of other injured persons clearly reveals that they went to the hospital on their own, on the next day of the incident i.e. 22.04.2021 for medical aid and they were also medically examined which raise suspicion that if anyone received any injuries, then he needs medical aid immediately. He also submitted that it is also the admitted case of the applicant that application under Section 156(3) Cr.P.C. was given on 11.10.2021 after about 6 months from the date of incident and the same was rightly registered as a complaint case as the learned Magistrate, Lalganj, Pratapgarh, at the time of passing order, has rightly considered the decision of Division Bench of this Court in the case of Sukhwasi vs. State of U.P. 2007 (59) SCC 739 (Allahabad) and the learned Sessions Judge also rightly rejected the revision, therefore, there is no illegality in the impugned orders and the application is liable to be dismissed.
Considering the arguments of learned counsel for the as well as learned A.G.A. and going through the contents of the F.I.R. as well as the complaint (photocopy of the same provided by learned counsel for the applicant is taken on record), the application given to Superintendent of Police on 28.09.2021 and medico-legal reports dated 22.04.2021 annexed with the present application, it is evident that as per the applicant, incident was taken place on 21.04.2021 at about 08:30 a.m. and the police also reached on the spot, thereafter, applicant moved an application to the Superintendent of Police, Pratapgarh on 28.09.2021 and reason for delay in moving the application to the S.P., after five month from the date of incident, is not explained. Thereafter, the complaint was moved on 11.10.2021 after about 6 months from the date of incident. As the controversy has already been decided by the Division Bench of this Court in the case of Sukhwasi vs. State of U.P. (supra), therefore, this Court is of the view that the learned court below has rightly treated the application of the applicant as a complaint case and there is no illegality in the order passed by the court below as well as the revisional court.
Accordingly, the application (u/s 482 Cr.P.C.) is hereby dismissed.
Order Date :- 6.5.2022 S. Shivhare