Akbari Bano And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Akbari Bano And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 2 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:34351
 
Court No. - 15
 

 
Case :- CRIMINAL REVISION No. - 467 of 2024
 

 
Revisionist :- Akbari Bano, Imran Ahamad, Israr Ahamed and Afsana Bano
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Revisionist :- Pramod Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

1.Heard learned counsel for the revisionist, learned Additional Government Advocate for the State on this criminal revision filed against the order dated 13.3.2024 passed by Judicial Magistrate-II, Raebareli in Crl. Misc. Case No.2662 of 2023 Jjasim Ahmad versus Imran whereby the trial court has allowed the application moved by respondent No.2 under section 156(3) CrPC, with a direction to lodge first information report against the revisionists, and perused the record.

Notice to respondent No.2 is dispensed with.

2.Learned counsel for the revisionists submits that the incident is false. The alleged land belongs to the revisionists. The court below has wrongly allowed the application under section 156(3) CrPC. He submits that the first information report has not been lodged yet.

3.Per contra, learned A.G.A. has denied the prayer and submits that the revisionsits are proposed accused.

4.In view of the admitted fact that the first information report has not been lodged, I find that the revisionists are proposed accused. Thus, they have no locus to assail the impugned order whereby application under section 156(3) CrPC has been allowed and first information report has been directed to be lodged, in view of the Full Bench judgment of this Court in Father Thomas versus State of U.P. and another 2011 Crl. L.J. 2278.

Even otherwise, on merit also, the allegations in the application under section 156(3) CrPC prima facie disclose commission of offence and thus, no interference is warranted.

5.I find no illegality, impropriety or infirmity in the order impugned. The revision being devoid of merit is dismissed.

Order Date :- 2.5.2024/kkb/