Akhilesh Kumar @ Akhilesh Kumar ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1540 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- CRIMINAL REVISION No. - 357 of 2022
 
Revisionist :- Akhilesh Kumar @ Akhilesh Kumar Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others
 
Counsel for Revisionist :- Arun Singh Somvanshi,Sant Bux Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the revisionist, Sri Prem Prakash, learned A.G.A. for the State and perused the record.

The present revision has been preferred with a prayer to allow the revision and set aside the judgment and order dated 29.03.2022 passed by the Chief Judicial Magistrate, Lakhimpur Kheri in Misc. Case No.291 of 2022, under Section 156(3) Cr.P.C., Police Station Mohammadi, District Lakhimpur Kheri with the further prayer to direct the concerned police station to register the first information report against the opposite party nos.2 to 8.

The revisionist has filed an application under Section 156(3) Cr.P.C. leveling certain allegations against the opposite parties.

According to the application, it is mentioned that Lekhpal has submitted false report and the opposite parties have taken possession on the land in question which is belonging to Gaon Sabha. The application under Section 156(3) Cr.P.C. was treated as complaint by the court below vide impugned order dated 29.02.2022.

It is settled law that the Magistrate while exercising powers under Section 156(3) Cr.P.C., has got two options either he would the police to enquire the matter or he himself treat the case as complaint. In the present matter, the court below has treated the aforesaid application of the revisionist as complaint which is well within the domain of the Magistrate. There is no jurisdictional error committed by the court below.

In view of the aforesaid facts, I do not find any illegality or perversity in the impugned order dated 29.03.2022 passed by the court below. Consequently, the revision is dismissed.

It is open for the revisionist to take plea before the court below for his grievance, if any, in accordance with law.

Order Date :- 26.4.2022/Atul