PANCHAM RAJA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 21.12.2019 passed by learned Sessions Judge, Lalitpur in Criminal Revision No. 133 of 2019 (Smt. Panchamraja Vs. State of U.P.) as well as Order dated 10.10.2019 passed by Chief Judicial Magistrate, Lalitpur in application No. 864 of 2019, under Section 156(3) Cr.P.C., under Sections 147, 148, 452, 324, 323, 307, 504 506 of IPC, Police Station Bar, District Lalitpur

(2.) Heard learned counsel for applicant and learned AGA for State.

(3.) It has been argued by learned counsel for applicant that applicant has moved an application under Section 156(3) Cr.P.C., which discloses commission of cognizable offence but the prayer for investigation has been rejected by the Court below vide order dated 10.10.2019 in an arbitrary manner and the application was registered as a complaint case. Applicant has preferred a revision against order dated 10.10.2019 but it was also dismissed by the Sessions Judge, Lalitpur vide order dated 21.12.2019. It was submitted that there were allegations against private respondents that they, being armed with various weapons, dragged the son of applicant Smt. Pancham Raja namely Chandan Singh and Charli Raja @ Maharaj Singh from her house and that they caused injuries to him. It was stated that both the injured persons have sustained multiple injuries and that Charli Raja has sustained injuries at his head and due to injuries his mental balance has also been affected but in spite of all these facts and nature of injuries, the court below has refused to pass an order for investigation by police. The revisional Court has also dismissed the revision in an arbitrary manner without considering the relevant law. In support of his contentions, learned counsel for applicant has referred case of Balwant Vs. State of U.P., 2005(3) JIC 530 (AII) and Samar Bahadur Vs. State of U.P. and another, passed by this Court in Application u/s 482 Cr.P.C. 27781 of 2018.