Allahabad High Court
Baby vs State Of U.P. And 4 Others on 14 December, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:237049
Court No. - 80
Case :- CRIMINAL APPEAL No. - 4249 of 2023
Appellant :- Baby
Respondent :- State Of U.P. And 4 Others
Counsel for Appellant :- Piyush Shukla,Pratyush Shukla
Counsel for Respondent :- G.A.,Tribhuwan Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the appellant, learned counsel for the respondents as well as learned A.G.A. for the State and perused the material on record.
This appeal has been filed with a prayer to call for lower court records and set aside the judgment and order dated 17.01.2023 passed by the Additional District and Sessions Judge, Court No. 02/ Special Judge (SC/ST) Act, Kanpur Dehat in Criminal Misc. Case No. 723 of 2022 (Baby Vs. Bhanu & others) Under Section 156(3) of the Code of Criminal Procedure, 1973, Police Station Akbarpur, District Kanpur Dehat and thereby allow the application U/s 156(3) Cr.P.C. of the appellant.
It is submitted by learned counsel for the appellant that in this case an application under Section 156(3) Cr.P.C. was moved by the appellant before the learned court of Special Judge for direction of lodging F.I.R. by the Police Station regarding which an application was given at the police station and was also made to S.S.P. by registered post. A copy of the application with postal receipt and caste certificate was filed before the learned court. The learned court called for report from the police station regarding registration of case on which it was reported by the police that there was dispute between the parties but the facts were presented before the court after exaggeration. It is also submitted that there was allegation against the respondents for assault, molestation and insult against a member of S.C./S.T. by the respondents belonging to Non-S.C. Learned court concerned did not consider the allegations made in the application but rejected it on the ground that there was no medical report in support thereof and also there was mention in the police report that there was dispute between the parties but the matter was presented after exaggerating the facts before the learned court. The learned court concerned relied on the facts as mentioned in the police report and also non-production of medical report in support of allegations which cannot be said to be lawful at the time of considering an application under Section 156(3) Cr.P.C. In this way, the order passed by learned court concerned cannot be said to be in conformity with law and cannot sustain, therefore request to set it aside and allow the appeal.
Learned counsel for the respondents as well as learned A.G.A. for the State opposed the prayer as aforesaid and contended that in this case the order passed by the learned court concerned is based on facts of the case. There is no any illegality in the order since there was no any medical report in support of allegations made by the appellant and also the facts were presented after exaggerating them. The allegations being false and frivolous were not reliable, as a result the application was rejected by the learned court. It is also contended by the learned counsel for the respondents that there is allegation that the appellant and her brother were said to be assaulted and beaten and also dragged on the ground but there is nothing on record to show that any injury was caused on their person by so doing and also no name of any person has been mentioned in the application who witnessed the incident. In this way this application was moved only for the purpose of making harassment of the respondents. Keeping in view all these facts the learned court concerned rejected the application.
Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. for the State, perusal of record and the order passed by learned court concerned, it appears that the learned court has relied on the police report in which it was mentioned that there was dispute between the parties which disclosed that the facts were presented after exaggeration before the learned court and also the fact that no any medical report was presented in support of allegations regarding injuries said to be caused to the appellant by the respondents. It has also not been mentioned in the aforesaid order that the allegations made by the appellant were false and frivolous. It is to note that the police report is relevant only to the extent as to whether case is registered at the police station or not at the time of filing of application under Section 156(3) Cr.P.C. Other details given by the police cannot be said to be relevant at this stage. It is also to note that there is no requirement of medical report in support of allegations made by the appellant regarding treatment of injuries. The learned court is to consider the allegations made by the applicant at this stage. If from perusal of allegations it appears that there is prima facie commission of cognizable offence then the court may pass the order either for registration of F.I.R. at the police station or to treat it as complaint in case there is no any need of investigation and the material relating to the incident is in the possession of the appellant. On the other hand, if the allegations appear to be false and frivolous then the Court may reject the application.
Since the learned court concerned has based its order on the police report and none support of allegations with medical examination report, therefore it cannot be said to be passed in conformity with relevant law, as a result the order dated 17.01.2023 is hereby set aside and learned court concerned is directed to pass the order afresh in accordance with law.
Accordingly, this appeal is allowed.
Order Date :- 14.12.2023
Suraj Srivastav
