LAWS(ALL)-2022-6-77

RAM PRATAP SINGH Vs. RAM PRATAP SINGH

Decided On June 02, 2022
RAM PRATAP SINGH Appellant
V/S
RAM PRATAP SINGH Respondents

JUDGEMENT

(1.) Heard Sri Man Bahadur Singh, learned counsel for the applicant and Sri Munne Lal, learned AGA for the State.

(2.) This is a revision under Sec. 397/401 of the Cr.P.C. instituted by the revisionist herein challenging the order dtd. 13/4/2022 passed by learned Chief Judicial Magistrate, Azamgarh passed in Criminal Case No.99 of 2022 (Ram Pratap Singh Vs. Rakesh Singh and others) rejecting the application so preferred Under Sec. 156(3) Cr.P.C., Police Station Kotwali (Shahar), District Azamgarh.

(3.) Learned counsel for the revisionist has argued that he is the member of one of the committee of the Ruling party and so far as the opposite party nos. 2 to 4 are concerned they are also having some political connections. According to learned counsel for the revisionist on 4/2/2022 the revisionist received a phone call from the opposite party no.2 requiring him to present in the house and the revisionist thereafter proceeded to his house on 11.35 wherein the opposite party nos. 2 to 4 were already present and they hurled abuses in Hindi vernacular and thereafter administered beating and robbed the revisionist of an amount of Rs.8500.00. He has further argued that he had taken all the steps for lodging of the FIR, however the same was not done so he preferred an application on 25/2/2022 before the court below under Sec. 156(3) Cr.P.C. for lodging of the first information report which now has been rejected by the court below on 13/4/2022. He has further argued that the entire approach so sought to be adopted by the court below while rejecting the application under Sec. 156(3) Cr.P.C. is patently illegal besides being directing in the case of Lalita Kumari Vs. Government of U.P. Laws (SC) 2013 1115. He has further argued that in a cryptic manner without discussing the contentions so sought to be raised by the revisionist the claim so set up by the revisionist has been turned down.